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Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More 
answered on Dec 4, 2023
Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More
Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More
answered on Dec 1, 2023
Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More
I have all documents of my business bank account swindle, removal of all keys to my business & embezzlement of income. Grand theft auto , which they sold. I need an arrest warrant. I can NOT find an attorney to take the case !!! I waited for 3 hours at the local Police precinct : Police do... View More
answered on Dec 2, 2024
I recommend you contact Adult Protective Services to report these issues.
Can I ask him for a list?
answered on Oct 22, 2024
Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.
answered on Sep 25, 2024
I'm sorry, I don't think you have provided enough information to determine what your legal issues are. Does your friend need to apply for Medicaid to pay for their long-term care? Would applying for food stamps help? The State of Oregon will not take control of your friend. Does your... View More
Mom passed last year. I am the trustee, and need to do repairs to the house, prior to its sale, for a buyer to qualify for a mortgage. I need to get a loan, and lender wants my name on the deed. My brother is a beneficiary, so the house needs to stay in the trust. I need to know what wording to use... View More
answered on Sep 13, 2024
You should consult with an experienced attorney to assist you. You will likely NOT sign a Deed but, instead, give the mortgage company an up-to-date Certification of Trust showing you as Trustee.
sole beneficiary. Please advise. Thanks, Lillian
answered on May 25, 2024
If the property is in your husband’s name only you will probably need to file a probate to clear title to the property.
The estate will goes to our father who is still alive. He is going to disclaim because my older sister is requesting he do so, because they were estranged. Once he signs the doc, the estate will go to she and I. She is a full sibling with a life long relationship. I have known him since 2010.... View More
answered on May 25, 2024
Your sister cannot change where your brother’s estate goes if your father disclaims. Also, you have an equal right to be the personal representative if your father has disclaimed.
I want to make sure my sibling is able to take care of everything if I die/have access to my money/accounts. and knows my wishes. And with as little trouble as possible.
answered on May 7, 2024
If you do not want to hire an estate planning attorney (which is my recommendation) you could use the Will form at Stevens Ness Legal Forms.
Months no hot water leagal aid did this to me & bar association is ran by leagal aid .. where to turn to niw
answered on Mar 13, 2024
The Oregon State Bar Association is not run by Legal Aid. You can use this webpage to submit a complaint about your attorney's conduct: https://www.osbar.org/secured/cao_attorneycomplaints.asp
answered on Mar 13, 2024
I do not do probate litigation, however, I believe it is unlikely that a will contest case would be handled with a contingency fee.
Will puting the money into a first person special needs trust keep me from losing my government benefits? I'm being told yes I'm being told no and I don't know what to think but I'm running out of time. Any assistance is greatly appreciated.
answered on Mar 4, 2024
A Special Needs Trust might be helpful in your circumstance but you have to be very careful when it comes to the rules pertaining to Section 8 housing. I understand that some rules just changed Jan. 1st. I recommend you consult with an experienced attorney.
answered on Feb 26, 2024
You can look at ORS 116.083 to see what a probate final accounting must include. If you have specific questions about a Final Accounting I recommend you hire a probate attorney to review it for you.
answered on Jan 10, 2024
There are not very many attorneys in Oregon who handle temporary (emergency) guardianships. You can give me a call at 503-786-8191 I will try to locate someone to help you.
They were initially planning to buy out the other beneficiaries and build on the property for themselves. But they didn’t, still live there and haven’t placed the 30 acres and house for sale two years after the trust has come to complete maturity. So they just have the property, do whatever... View More
answered on Jan 8, 2024
If you are a beneficiary of this Trust and are supposed to receive a portion of this property I recommend you hire an attorney to assist you.
He is married to my step brother. He completely took over after my step dad passed. There is a very serious conflict of interest. He kept her from me.and her freinds. I found out that my step had been stealing my grandpa's and my mom's money. And he put it in a irrevocable trust. This guy... View More
answered on Dec 1, 2023
I am sorry for your loss. I recommend you hire a probate litigator to review the facts and advise you.
What are my rights to the home after the 30 days? All of his estate goes to her, do I have to allow them more time past 30 days to settle his estate and to move their things? She is incapacitated so the family is working on getting governorship, etc. I'm guessing this could take longer than 30... View More
answered on Nov 29, 2023
I think you need to consult with a landlord/tenant attorney to answer your questions. If it is necessary to get Guardianship over your stepfather's wife then it's possible that process could take more than 30 days.
We are in Oregon, grandma passed without a will and her new spouse is set to inherit half. The family, including spouse, agree to split the estate evenly. Can this be requested of the Probate Court or does it have to be split by the default half to the spouse and half to children?
answered on Nov 27, 2023
Oregon law allows the intestate heirs to get together and agree on a different division of the assets if it is approved by the Court. You should speak with the attorney representing the Personal Representative for more information.
answered on Oct 18, 2023
Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
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