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Percentage out of the family business And put it in their own name, what does this mean.
answered on Aug 14, 2020
An attorney would need more information regarding your family business to answer this question. What type of entity is the business - LLC, sole proprietorship, etc? An experienced attorney will want to review all relevant ownership documents and get more details in order to let you know if what... View More 
"The Transfer on Death Deed does not include the decedent's tangible personal property". We knew this to be true but are wondering if this is documented somewhere on line? It appears the PR will have to remind the new homeowner of this as the attorney feels he has already done so.... View More
answered on Aug 11, 2020
I'm not able to answer your question about the new homeowner acting illegally. I recommend that PR speak to his/her attorney about contacting the new homeowner and making a plan to deal with the tangible personal property.
of the home, yet the family is to inherit all of the contents of the home, how is the personal rep (family member) able to secure these items as part of their responsibility to the estate? We have found that the new homeowner has been sorting through items that belong to the family and in some... View More
answered on Aug 10, 2020
I recommend the PR work to improve communication with his/her attorney. If necessary the PR could hire a crew to empty all of the decedent's personal property into a storage unit to get the PR more time to go through the items. The Transfer on Death Deed does not include the decedent's... View More
If you can, how do you do that?
answered on Aug 4, 2020
In some counties in Oregon you are required to prove that you have the knowledge to proceed with a probate without legal representation. Honestly, considering how many deadlines and specific legal documents are required I strongly recommend you consider hiring a probate attorney. I think it is... View More
She waited for him to be incapacitated by dementia to have him sign my two sister's and I out of his will.
My father told us girls that we would get his property when he passed away.
She had strangers sign saying he was of sound mind, and that he was writing us out of the will.... View More
answered on Aug 4, 2020
A will contest must be filed after the person who signed the will is dies. If your father has passed away you should quickly hire an experienced probate litigator to assist you. If the property is in Oregon you should hire an attorney licensed in Oregon. Be cautious of recommendations you may... View More
My attorney says it's a conflict and cannot represent the professional guarantor because shes my atty. So how do I get this started? Sibling rivalry so I cannot be the rep. As it would create a family war.
answered on Jul 20, 2020
You can still act as Petitioner and your attorney can create and file the Probate Petition to begin the probate. Your Petition would request appointment of the professional fiduciary and include a Consent signed by they professional. The professional fiduciary will hire his/her own attorney.
answered on Jul 20, 2020
Yes, you can still file an Affidavit of Claiming Successor (small estate) in Multnomah County. Unfortunately, the Court is not currently issuing certified copies. I recommend you have a probate attorney assist you and he/she will be able to print off the Affidavit from OCJIN once it is filed so... View More
I dont want to be the executor but want to start probate. My brother is living in my dads house making morgage payments. There is no will
answered on Jul 17, 2020
Since there is no Will your siblings will have an opportunity to object to the appointment of a professional as Personal Representative. However, sometimes this is the best solution to a challenging family dynamic. I recommend you go to the website for the Guardian/ Conservator Association of... View More
We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..
answered on Jul 14, 2020
If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.
If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his... View More
I filled them out 5 weeks ago and sent them to the court to be signed. They are requesting phone records, text messages, Documents for a will contest. The judge is holding them and when I check it is something different. Today I was told the Judge is researching to see if he can even sign them? If... View More
answered on Jul 13, 2020
I recommend you hire an attorney to assist you with this case. I'm not entirely sure what "Subpoenas for information" refers to. If you are trying to pursue a Will contest there are important time limits in place so it's essential that you hire an experienced probate litigator as soon as possible
I have been told my brother is the only heir, out of five sibblings. I, want to see the will am I entitled to see my father's will?
answered on Jun 26, 2020
Please accept my condolences on your loss. Sometimes even small estates must be filed with the Court. If the case is filed with the probate Court then you will receive a copy of the pleadings along with your father's Will. Be sure that whomever is in charge according to the Will has your... View More
answered on Jun 24, 2020
You will use a Pourover Will when someone who signed a Trust dies leaving an asset in their name alone. You'll need to start a probate with the Court and file the Pourover Will. As part of the probate you will file an Inventory that lists only the assets that are not titled in the Trust, not... View More
His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step... View More
answered on Jun 22, 2020
The ability to successfully contest a Will requires specific facts. I recommend you contact a probate litigator to review your father's specific situation and advise you. Be sure to do so quickly after his death because important time limits apply to this type of litigation.
Mom only has a Morgan Stanley mutual finds acct. Will I owe taxes on my 1/2? How will sister in Canada be affected?
answered on Jun 9, 2020
You should contact a CPA with your tax question. Your sister should speak to a CPA in Canada.
You both may also need a CPA or probate attorney in CA to help you determine whether or not your mother has a taxable estate.
If you are named by your mother as beneficiaries then no... View More
a fiduciary that has been biased towards on beneficiary and assets are missing, he let one property go to foreclosure, hasn't submitted any detailed information to the beneficiaries or courts just a few major items and a lot of miscellaneous. Bank accounts ar missing and money is missing as... View More
answered on Jun 2, 2020
I'm sorry for your loss. I recommend you hire an experienced probate attorney to assist you. You have rights as an heir of this estate. I wish you the best.
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... View More
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!
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... View More
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.... View More
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... View More
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!
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... View More
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... View More
He had no estate and I am his only survivor and beneficiary.
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.
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