Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Theressa Hollis
1 Answer | Asked in Estate Planning for Oregon on
Q: My husband has joint custody with his ex. Their parental plan is the kids see him on the weekend and stays with his

Mother durning the week. His son is now telling his mother and us that he wants to live with us. His dad will ask his ex that they need to change the plan with the court so that he dosent get in trouble but she refusses to Chang it. How do we go about it. Seeing him upset and disappointed because... Read more »

Theressa Hollis
Theressa Hollis answered on May 26, 2020

Unfortunately, this question is in the Estate Planning category. If you choose Family Law you will receive more helpful answers. Good luck!

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: We share an apartment with the manager and share the kitchen. Can she lock us out of the kitchen? Rent is 700.00/month

We have been here over a year and there has never been a problem. Originally we were to share the kitchen and living room. It is difficult to share the living room because of it's size. We came home today and found she had placed a lock on the kitchen door. We also have our own personal... Read more »

Theressa Hollis
Theressa Hollis answered on May 8, 2020

Your question is currently categorized under Elder Law in Oregon. Do you live in Auburn, WA? I think you will get better answers if you choose Landlord - Tenant as your category. Be sure to also choose the correct state since laws vary from state to state.

Good luck to you!

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... Read more »

Theressa Hollis
Theressa Hollis answered on May 6, 2020

Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... Read more »

3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Theressa Hollis
Theressa Hollis answered on Apr 27, 2020

I am sorry for your loss. If you have been unable to negotiate the check and it is under $75,000 you may need a small estate affidavit. You can locate forms online that will work for Oregon but it's often best to hire a probate attorney to assist you to make sure you do it correctly.

View More Answers

2 Answers | Asked in Estate Planning for Oregon on
Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

Theressa Hollis
Theressa Hollis answered on Mar 18, 2020

You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.

View More Answers

2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law and Social Security for Oregon on
Q: Can a house that is in a Supplemental Needs Trust be transferred to a private party?
Theressa Hollis
Theressa Hollis answered on Feb 26, 2020

Supplemental Needs Trusts (also called Special Needs Trusts) are a very specialized area of law. I strongly recommend that you meet with an experienced planning attorney to assist you. It is impossible to answer your question without a lot more information.

View More Answers

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.

View More Answers

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... Read more »

View More Answers

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... 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.

View More Answers

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.

View More Answers

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... 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.

View More Answers

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... 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 »

View More Answers

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... 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... 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... Read more »

View More Answers

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... 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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.