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Questions Answered by Theressa Hollis
2 Answers | Asked in Estate Planning for Oregon on
Q: What forms do we need to file with the courts to become executure of the estate
Theressa Hollis
Theressa Hollis answered on Feb 24, 2020

I strongly recommend you schedule an office or phone appointment with an experienced probate attorney. You will save yourself a lot of frustration by making sure you handle the estate accurately from the beginning. Also, attorney fees are almost always paid out of the estate assets.

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2 Answers | Asked in Estate Planning for Oregon on
Q: If a claiming successor (only sister of deceased brother) has two children, then the estate is divided equally in Oregon
Theressa Hollis
Theressa Hollis answered on Jan 27, 2020

I'm afraid you have not asked a question. However, if an Oregon resident dies without a Will or Trust then Oregon's intestate laws control the distribution of his estate. When a decedent has no spouse, children or surviving parents the estate assets (after payment of all outstanding creditors and... Read more »

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1 Answer | Asked in Estate Planning, Collections and Probate for Oregon on
Q: What is the legal process to gain legal authority to act on deceased behalf when there is no will and no estate?

My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2020

I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an experienced... Read more »

2 Answers | Asked in Probate for Oregon on
Q: no assets to heirs the probate is underwater the inventory is less than the IRS lien the probate refuses closure.
Theressa Hollis
Theressa Hollis answered on Jan 20, 2020

It sounds like you need to hire an experienced probate attorney to assist you with your issue. It is possible to close a probate even if all creditors have not been paid in full. An experienced probate attorney will assist you with this.

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2 Answers | Asked in Probate and Small Claims for Oregon on
Q: I'm not paying thousands of dollars for a maybe solution I need more guarantees for a solution than maybe.
Theressa Hollis
Theressa Hollis answered on Jan 20, 2020

I think you'll need to provide more information about your specific situation if you'd like to receive a helpful answer.

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2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: Can a man who's had a major stroke close out joint accounts and give away assets when he is married?

After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and whom he... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 7, 2020

You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.

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2 Answers | Asked in Family Law and Elder Law for Oregon on
Q: My sister is 1 of the trustees to our dads living trust which has 3 beneficiaries, myself, my brother &sister (trustee).

When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was married but had... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 6, 2020

It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine... Read more »

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1 Answer | Asked in Elder Law and Public Benefits for Oregon on
Q: Funding of trips to take care of elderly aunt

My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 10, 2019

It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Q: My brother hired a probate lawyer to handle my mother's estate. There is no will. I don't trust him.

Can he take the money and run. Should I hire a lawyer too?

Theressa Hollis
Theressa Hollis answered on Nov 18, 2019

Yes, you should consider hiring an experienced probate attorney to review all paperwork so that you can be sure that your brother is handling the estate properly. You should explain your concerns with your attorney. It is possible that your brother should not be appointed as Personal... Read more »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Probate for Oregon on
Q: My father passed away over 10 years ago. I am his daughter. What rights do I have as his beneficiary in Oregon?

I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or what... Read more »

Theressa Hollis
Theressa Hollis answered on Nov 14, 2019

It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets in his name... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does my wife’s family owe lot rent

My wives father passed recently. Her father owned a mobile home and was the only person on the title after he died with no will. He did not own the land it was on and had a rental contract with the land owner. My wife and her brothers are under the impression that because the title is only in... Read more »

Theressa Hollis
Theressa Hollis answered on Nov 11, 2019

You are basically correct. Your father-in-law's estate is liable for the space rent. Whoever inherits the estate (his intestate heirs) will have to pay this debt before they will be able to inherit. Since the rent accrues every month your wife should hire a probate attorney to discuss whether or... Read more »

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4 Answers | Asked in Estate Planning for Oregon on
Q: Do an unmarried couple need individual revocable living trusts?

We are an unmarried couple and are on the deed of trust "not as tenants by the entirety, but with the rights of suvivorship. The titles to the vehicles have each of our names on them. We each have bank(savings & Checking) accounts with designated beneficiaries up on death. We each have variable... Read more »

Theressa Hollis
Theressa Hollis answered on Nov 7, 2019

No one could give you the legal advice you seek without the additional information that is obtained in an estate planning appointment with an experienced attorney. However, from the information you have provided I would guess that you and your partner will be fine with Wills. An estate planning... Read more »

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2 Answers | Asked in Probate and Estate Planning for Oregon on
Q: Ok so. My mom and her best friend cooked or forged my fathers will at death. My mom was friends with my ex shes a notar.

She notarized the will. After dad died. All of this was coached by my moms best friend. Fast foreward to june or july this year mom get put on hospice. At the meeting with hospice moms best friend says hes not the executor said didnt sign anything. Mom tells me she didn't have him do it and that... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 25, 2019

I'm sorry for your loss. It is important that you meet with a probate attorney to help you evaluate your situation. There are important deadlines in a Will contest case so I encourage you to schedule an appointment as soon as you are able. Be prepared to pay for the attorney's time at his/her... Read more »

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3 Answers | Asked in Estate Planning, Tax Law and Probate for Oregon on
Q: Hi, my name is wing I need help for my next steps

Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »

Theressa Hollis
Theressa Hollis answered on Sep 24, 2019

It is certainly understandable that you may be confused at this difficult time. Rather than relying on legal advice you may get online, I strongly recommend that you hire an attorney who can review the relevant documents and advise you as to your rights and responsibilities. It sounds like you... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: My aunt was the personal representative and the court removed her as the person pr. Is she entitled to the full pr fee?

After she was removed as p.r. the court appointed a lawyer. The lawyer decided to take the alternative fee which is his hourly rate. My question is my au t after being removed entitled to the full p.r of 21k. She already recieved through the court 6k for her work.

Theressa Hollis
Theressa Hollis answered on Sep 10, 2019

Most likely your Aunt will not receive the full PR fee considering she was removed by the Court. You say she has already received $6,000 for her work but that would be very unusual for a Personal Representative to receive any of the PR fee before the estate has closed. I recommend you hire a... Read more »

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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: A court appointment PR is only handling bank funds, and making the family divide personal property, says he'll sell...?

We were issued an outside PR because we could not agree. But our PR is only handling the actual $ he says personal property, computers, rolex's, etc are for us to divide and figure out. IF we cannot deal with personal property between us, he says he will sell everything at an estate sale and give... Read more »

Theressa Hollis
Theressa Hollis answered on Sep 5, 2019

If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask for... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: Can executor kick me out of home when my boyfriend is beneficiary?

My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate

Theressa Hollis
Theressa Hollis answered on Aug 20, 2019

I recommend your boyfriend consider consulting with a probate attorney to learn his rights. It's possible that he will need to vacate the home so that it can be sold. However, it is also possible that his attorney can help negotiate a settlement to allow you and your boyfriend to continue living... Read more »

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3 Answers | Asked in Probate for Oregon on
Q: Wealthy Dad died, no will. wife got all, but gave my siblings money promised,not me. I was estranged, arent i due $

We were all always promised 60,000 after dad dies. I didnt see my dad for years over a dirty family secret . but i kept the family secret and didnt go to the police so i could get my money. All my sisters got theirs, not me though. My agreemant was verbal with dad, but so was the inheritance. They... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 9, 2019

It's possible that your father signed a Will or Trust before his death. If not then the intestate law of the state he lived in will control how his estate is distributed. If your father's wife was not also your mother then his probate assets will be divided between his wife and his children. You... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: How do I legally inherit firearms from my grandpa in Oregon? Guns are not subject to NFA. Basic hunting rifles, handgun

I am legally able to own firearms and have several myself that I purchased and went through a background check

Theressa Hollis
Theressa Hollis answered on Aug 7, 2019

If your grandfather has passed away a probate or at least a small estate affidavit might be necessary for his estate. I recommend that the person named in his Will as Personal Representative contact a probate attorney. If he did not have a Will then his spouse or his children should contact a... Read more »

1 Answer | Asked in Probate for Oregon on
Q: can a probate court allow the sale of someones life estate to satisfy medicaid lien ?

i am a life tenant for the ebbert moor estate and now the attorney for estate or personal representive and also the conservitor for surviving spouse is allowed to start the sell of my life estate. she thinks shes just has to give me money to relocate, not that she has to buy me out of my life... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 6, 2019

I strongly encourage you to NOT include personal details or identifying facts on any website. Your specific situation is quite complex and you will benefit from hiring an experienced local probate attorney for legal advice. It is possible that your life estate could be saved but more information... Read more »

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