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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
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... View More 
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... View More
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... View More
I am legally able to own firearms and have several myself that I purchased and went through a background check
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... View More
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... View More
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... View More
We feel he spent a lot of her money. He wouldn't give us bank statements. Can we legally get the information from the attorney the executor hired? The executor controls the bank acct. He moved money and spent money after her death. Not on bills.
answered on Jul 23, 2019
In Oregon it's the Personal Representative (Executor in other states) who hires the attorney. That attorney is only able to give legal advice to the PR. Keep in mind that the PR has no authority until he/she is appointed by the Probate Court. If you have questions about the actions of the... View More
I am working with an attorney in Oregon who is making things very difficult. My dad died with a will, this attorney is making me call her before I write a check to pay any bill. Also wants her office address on the checks and bank account so that all statements go to her. Just seems like a lot of... View More
answered on Jul 18, 2019
I'm sorry for your loss. It sounds like your father's probate is in Oregon so you need to have an attorney who is licensed in Oregon. However, you get to choose who you hire. If you and your current attorney are not working well together then you have every right to choose someone else... View More
I am returning to the US from Vancouver, British Columbia. We had wills and POAs created in Canada, but need to create new ones now that we are back in the states.
Many Thanks,
answered on Jul 9, 2019
No, Oregon does not have a standard form for Wills or Powers of Attorney. I recommend you review your current estate plan with an experienced Oregon attorney who will help you determine if you need to make any updated.
is with a commercial property owned equally by him and me. His kids will get his half. The property was valued at $1.2 million in 2015. Do I need to file probate in Oregon? There will be no disputes or contested issues.
*Update*
Thank you for the two answers--we do have the... View More
answered on Jun 28, 2019
I'm sorry for your loss. It sounds like you likely need a probate assuming the Deed to the property does not include survivorship. Your brother's Will doesn't actually transfer anything, it is just instructions for the probate Court. You will need to be appointed by the Court as... View More
things about the trust he has just told me where the property is...he has no children will there be a problem when the time comes?
answered on Jun 14, 2019
Your Uncle should consider speaking to an estate planning attorney about signing a Will. It is easier and less expensive than a Trust (although it will require a probate at his death). One alternative the attorney will discuss with your Uncle is a Payable on Death Deed. This may be a viable... View More
Daughter is only living relative and sole successor listed on will/deed. There is a mortgage on the home/land.
answered on Jun 13, 2019
Whether or not probate is needed will depend on the assets left in Dad's name at his death. If he really deeded his real property to his daughter then that asset should not need a probate. However, there could be other assets in his name that do not have joint owners or beneficiaries named.... View More
The estate’s value is less than $50,000.
answered on Jun 10, 2019
The answer to your question depends on how the $50,000 is being held. For example, if it is in a bank account with no other owners or beneficiaries named then you will need to file a Small Estate Affidavit. Is there a vehicle or mobile home? Is there a safe deposit box? It is possible to use a... View More
I have filed Small estate affidavit and am personal rep. in lane county,Oregon , and I can’t get banks to deposit the check for me. I know that court will not provide letter of appointment or Administration or executorship or Authority or Domiciliary or an order Probating will and Appointing... View More
answered on Jun 6, 2019
I'm very sorry for your loss. I agree with Ms. Reisman's response. I recommend you try opening the account at a Credit Union - sometimes they can be easier to deal with. Also, I recommend you consider getting legal advice from a local attorney. That attorney can help you determine if... View More
with no Right Of Survivorship. They since broke up, & then he passed away in April, 2018 with no will or trust. My wife & her brothers stumbled upon the original deed & are wanting to get his half out of probate & in my wife's name. He lived in Arizona at the time he bought... View More
answered on Jun 3, 2019
Your father-in-law's estate is not in probate until someone files legal documents with the Court. I am assuming the two lots were in Oregon. If you are correct and the Deeds do not include survivorship you need to hire an Oregon attorney to file either a full probate or a Small Estate... View More
Is probate still required to finalize his death and get the Social security death benefit? Even though he has no estate, and no assets? What exactly are the steps that have to be taken besides paying for his cremation, which is already done.
answered on Jun 3, 2019
Please accept my condolences on the death of your grandfather. Whether or not a probate is required will depend on what he owned at his death. If his name did not appear on any assets then no probate is required.
Regarding the Social Security death benefit: A one-time death benefit of... View More
answered on May 2, 2019
I'm sorry, I don't think you have asked a question. Please rephrase.
answered on May 2, 2019
More information is needed to answer your question. Did the owner of the vehicle sell or give the vehicle to you? If so then the vehicle is not included in the probate.
Grandmother died 9/4/76, Grandfather died 9/20/76, 1 surviving son, whereabouts unknown, 1 deceased son, 1 granddaughter (me), 1 grandson, whereabouts unknown. Grandmother was beneficiary on life insurance policy, no secondary listed. No claim has been filed by creditor's for the unclaimed... View More
answered on May 2, 2019
If no contingent beneficiary was named then the money will be paid out based on the language of the life insurance contract (likely either to your Grandfather's estate or to his children). If the contract said to his estate then your Grandfather's Will controls who receives the asset... View More
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