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Questions Answered by Theressa Hollis
1 Answer | Asked in Consumer Law and Estate Planning for Oregon on
Q: I just found a check addressed to my mom for a class action suit my mom expired 5/8/2017 the check is dated 7/18/2019

can this check be reissued into her daughter's name? It's for the BP / Arco class action 91$ & 94$

Theressa Hollis
Theressa Hollis
answered on Feb 25, 2022

I recommend that you contact the Payor of each check to ask if they will reissue the checks. It's possible they may want you to file a small estate affidavit if no probate was previously filed.

1 Answer | Asked in Probate for Oregon on
Q: May a reverse mortgage lender's interest in a property be deducted to qualify for Oregon's Small Estate option?
Theressa Hollis
Theressa Hollis
answered on Feb 18, 2022

No. Oregon law requires that you list the property with its Fair Market Value as of the date of death (or, if it has been a year since the person passed the value within 45 days of filing the small estate affidavit). You do not reduce the value by any mortgage, liens or property taxes owed.... Read more »

1 Answer | Asked in Probate for Oregon on
Q: If I'm not a beneficiary to a trust but named in a will can my sibling keep me from seeing the will? She refuses.

My half-sibling is the beneficiary of my father's trust, but he also has a will that I'm (and other siblings) name in. She refuses to send it to us. I've tried contacting the records dept. and recorder's office of Multnomah County, but they have nothing on file. Is she... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 11, 2022

The answer to your question is very dependent on the facts of your situation. I recommend you meet with a probate attorney to review the information to give you an accurate answer.

In general, if someone has a Revocable Living Trust their Will does not specifically name individual devisees...
Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

I'm sorry to hear all that you and your mother have gone through. I recommend you hire a probate litigator to assist either you or your mother. This does not appear to be a wrongful death case.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oregon on
Q: My elderly grandparents have been convinced by family friends to give them their estate. What can I do?

My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.

1 Answer | Asked in Probate for Oregon on
Q: Wife gave spouse a Deed for her half of RE property jointly owned.

Adult kids on wife side could challenge the DEED in probate court?

Claiming any kind of excuse that she was not in her right frame of mind?

(not true)

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

Anyone can try to challenge anything in Court but that doesn't mean they will be successful. If you receive Court documents I recommend you consult with an experienced probate attorney who will review the Deed and give you specific legal advice for your situation.

1 Answer | Asked in Probate for Oregon on
Q: Do deceased siblings kids get anything in oregon

My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?

Theressa Hollis
Theressa Hollis
answered on Jan 21, 2022

Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Grandmother passed in 2008. As an heir I would like to receive a copy of Will. Where/how do I request a copy?

My Grandmother died in 2008 in Portland, OR. I was a legal heir but never received a copy of the Will. I would like to receive a copy from the court if it is filed there? How/where do I request one?

Theressa Hollis
Theressa Hollis
answered on Dec 29, 2021

If your grandmother's Will was probated in Oregon then I will be happy to obtain a copy for you.

If it was not probated (for example, if she had a Revocable Living Trust or owned no assets in her name alone at her death) then there is no way official to locate a copy of her Will. If...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: Can a trustee tell a beneficiary that they can't use electtronic company to sign a document?

Trust in oregon, also trustee says we can't move forward 8f I don't sign her way,. Can she do that?

Theressa Hollis
Theressa Hollis
answered on Dec 27, 2021

If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.

1 Answer | Asked in Estate Planning for Oregon on
Q: My father passed away a month ago. He died intestate. He had a small estate. My sister is keeping everything. How ?

He had a life insurance policy, a savings account and checking. She is on checking account. She was not on savings and beneficiary of insurance is deceased for 20 years our mother. Can't get a lawyer to return call. How can she do this. Avoid probate. I have called 7 lawyers no one returns call.

Theressa Hollis
Theressa Hollis
answered on Dec 10, 2021

I'm very sorry for your loss. It's possible that your sister is keeping everything because she was a joint owner or payable-on-death beneficiary on your father's bank accounts. It's also possible that your father changed his life insurance beneficiary before his death and could... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... Read more »

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2021

If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oregon on
Q: If a person gives you power of attorney to take possession of belongings can they take back the belongings later?

I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?

Theressa Hollis
Theressa Hollis
answered on Dec 3, 2021

When a person signs a Power of Attorney they can revoke that document at any time. A Power of Attorney gives the Agent named in the document the ability to help the Principal (the person who signed the POA) with their finances.

In your case the question is did your ex-boyfriend actually...
Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: would like cost range for a straightforward will. non-contested, no probate issue. thanks

Is Samual Friedenberg no longer taking clients?

Theressa Hollis
Theressa Hollis
answered on Nov 29, 2021

The price for a Will varies depending on many factors. My law firm usually includes at least one Power of Attorney and an Advance Directive for medical decisions. The range at my firm is for a simple Will package is generally $1,500 - $2,500.

Sam Friedenberg is an attorney with Nay &...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: I filed a small estate affidavit in Oregon do I need to File a Petition in Probate Court to get a Letter of Appointment

If I do how do I do that

Theressa Hollis
Theressa Hollis
answered on Nov 29, 2021

In Oregon filing a Small Estate Affidavit does NOT get you Letters Testamentary (called Letters of Administration for estates without Wills). However, you can use a court-certified copy of your Small Estate Affidavit to manage the assets listed in the Affidavit. If you need further assistance I... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mother recently passed away my father and I are going broke paying bills that were only in her name. What can I do.

They also had a mortgage together no saved money separate and joint bank accounts. No living will and no will in general.

Theressa Hollis
Theressa Hollis
answered on Nov 12, 2021

The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My mom passed Oct 6th,21 COVID. She had no will,lived alone in Ontario,Owned a mobile home. I'm in MT What do I do

With her bank account and her home bills? I was not her beneficiary for her life insurance. My niece is. I have no idea what to next. She had preplanning funeral pd, I'm lost.

Theressa Hollis
Theressa Hollis
answered on Nov 2, 2021

I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).

1 Answer | Asked in Probate for Oregon on
Q: I can't afford an attorney do you have legal aid in Oregon
Theressa Hollis
Theressa Hollis
answered on Nov 2, 2021

Yes, Oregon has legal aid: https://lasoregon.org/ However, if you have a probate to file in Oregon attorneys usually get paid after court approval through the probate assets.

2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Theressa Hollis
Theressa Hollis
answered on Oct 14, 2021

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: Okay my aunt forged my grandfather's will and is taking the estate from me and my sisters

She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... Read more »

Theressa Hollis
Theressa Hollis
answered on Oct 12, 2021

I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:

https://lasoregon.org/locations/

I...
Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

Theressa Hollis
Theressa Hollis
answered on Sep 7, 2021

Most likely you either will not be able to find an insurance company that would insure your mother and/or the cost of the policy will be VERY expensive. Even though Oregon has a law that says, "Parents are bound to maintain their children who are poor and unable to work to maintain... Read more »

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