My mom and I have been renting this house sense June 2020. She died on Febuary 18th, 2021 after finding out 3 weeks prior she had cancer. I notified my landlord right away After her death that I lost her income and got on the waiting list for rent assistance and will not have March 2021 rent. He... Read more »
I recommend you re-post your question in the Landlord Tenant topic. This does not appear to be an estate planning issue. You could also call the Oregon Law Center to see if they can help you: https://oregonlawcenter.org/
My estranged father passed away with no will and no other heirs. He had a mountain of debt, and his only possession of value is a vehicle which he recently purchased but had not yet registered. I want no part of the probate process. I'm assuming the vehicle then belongs to the state, who has... Read more »
If you were not adopted by another family then you might be your father's only heir. However, that does not mean that you are required to handle his estate. If the car was never registered in your father's name then it should still be in the seller's name. I would contact one of...Read more »
It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.
I received death benefit claim packet from accordia and athene under two different contract numbers not specifying that they were Ira accounts. Then a couple months later I received two more still not specifying they were Ira accounts. Then come to find out after the third that it was all one... Read more »
Athene Annuity sold most of its life insurance business to Accordia in 2013 but continued to administer the business until Accordia took over in 2015. Maybe this was part of the confusion for the IRA you inherited? I'm not entirely sure of your question. I recommend you call the Customer...Read more »
If the car is in your husband's name then he is in control of deciding where it should be stored. If your husband signed a Power of Attorney then the person named as Agent could also decide about the car. The only other way to control your husband's assets is to have a Conservator...Read more »
It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be...Read more »
Powers of Attorney don't get "filed" in Oregon. Assuming the Power of Attorney has no expiration date, it remains in effect until the Principal revokes it or dies. Marrying does not automatically give you fiduciary authority over your husband.
Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to...Read more »
family home. I plan to put between $60k-$100k towards a down payment but i want it in my two young adult children name. In other words, I will be a tenant to them... They will be the ones to benefit tax write offs... which is okey with me, also if something has to happen to me, that eliminates... Read more »
I am only licensed to practice in Oregon so I can't speak to Florida law but in general it is better for your children to inherit your property because they receive a stepped-up basis. This means when they inherit your house after your death their new basis in the property is your...Read more »
Banks are asking for Letters of Testamentary, and I tell them that the estate filed Small Estate Affidavit, so no letters of Testamentary, and I provide them a certified copy of the Affidavit, but they won't help. Are there any banks that will open an account with the Small Estate? I need to... Read more »
I'm sorry for your loss. Trouble with banks and small estates is a common challenge, unfortunately. I recommend trying a Credit Union in Oregon to set up the estate account. Since every state has a different small estate procedure it's unlikely that you will convince a bank in Fargo to...Read more »
If you did not sign the Deed transferring your share of the house into your fiancée's Trust then you still own that share (likely 50%). If you did sign the transfer Deed then you no longer own the house as it is owned by your fiancée's Trust. I recommend you have an attorney review...Read more »
Dad passed away and he had a trust. He and mom were in memory care for years and went through all of their savings and were on Medicaid their last years. All they have left now is about $1,400 in a checking account. I am trustee of their trust but the bank won't let me take the money without... Read more »
Yes, they are the same but your parents' Affidavit of Trust is no longer accurate because you are the Trustee. I agree that paying for an hour of time from an attorney will solve your problem, however, be sure to speak with an attorney who understand Medicaid Estate Recovery.
The court-appointed Personal Representative (executor) has the authority to sell a house during the probate as long as it is not specifically devised to anyone. The other option is that the house can be deeded to the heirs/devisees and they can sell it after the probate has closed.
this is in Oregon. My senior dad married someone who wants a lot of things...formerly my brother and I were to inherit the family home of some 40 years, now he says by law she owns half and she will sell it to buy herself a triple wide trailer if he dies. He claims 50/50 laws in Oregon make it so,... Read more »
If your father added his wife to the Deed then the property is likely to go to her at his death. If he did not add her to the Deed then the property will go according to his Will. However, if he leaves his wife out completely then she has a right to claim a percentage of his estate (5% - 33%...Read more »
Maybe. If your sister had no surviving spouse, adult children or parents then you could sign an Affidavit at the bank pursuant to ORS 708A.430 promising that you will use the money to pay her funeral expenses and any other outstanding bills of hers. There is also a waiting period during which the...Read more »
My wife’s father passed away a year after his mother passed. He never did anything with the money and had the account made in his name by his sister here in Ca. My wife was the sole intestate heir. Probate was held and has closed in Oregon where he lived. Oregon H& HS has told her that her... Read more »
Unfortunately your question is far too complicated to answer online. Oregon Estate Administration should have received notice of your father-in-law's probate if the probate had been filed in Oregon. I strongly recommend your wife contact an experienced probate attorney to assist her. It is...Read more »
If your sister-in-law's debts exceed her assets then her estate is insolvent. It's common for family to not want to file an insolvent probate since there often isn't anything in it for them. Your sister-in-law's assets may eventually be sent to the Department of State Lands...Read more »
If you have a complaint against an Oregon attorney you could contact the Oregon State Bar. Yes, probates can be reopened if necessary. You might want to pay a probate attorney for an hour of time to review the facts in your case to determine what next steps you should take.
I'm very sorry for your losses. I recommend you hire a probate attorney. If the house is in Oregon it's likely there needs to be a probate on at least your mom's estate. It's possible for your brother to sign a Disclaimer. If he has no children, that should give his share of...Read more »
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