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Questions Answered by Theressa Hollis
1 Answer | Asked in Family Law, Civil Litigation and Probate for Oregon on
Q: Are there any lawyers in Union County that work on a contingency for high dollar will contesting cases?
Theressa Hollis
Theressa Hollis
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.

1 Answer | Asked in Estate Planning and Elder Law for Oregon on
Q: I receive SS, SSI, Medicare, Medicaid, section 8 housing and snap. Settlement money is coming,

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.

Theressa Hollis
Theressa Hollis
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.

2 Answers | Asked in Probate for Oregon on
Q: What does a final accounting legally have to say? It cant be just hear say?bank accounts and what other documents needed
Theressa Hollis
Theressa Hollis
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.

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1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: I need to find an attorney who can help me with securing a emergency guardianship of my Mother who is in Oregon.
Theressa Hollis
Theressa Hollis
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.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Can a trustee/ beneficiary live on the property that is to be sold and divided? For almost two years? Not even for sale

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

Theressa Hollis
Theressa Hollis
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.

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1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Elder Law for Oregon on
Q: My mom passed. And the trustee has had no contact with me. Going on 6 months. I'm the only child .and a beneficiary.

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

Theressa Hollis
Theressa Hollis
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.

1 Answer | Asked in Estate Planning for Oregon on
Q: Stepfather with living trust in my home. He passed and new wife is still living. Do I need to give 30 days notice?

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

Theressa Hollis
Theressa Hollis
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.

1 Answer | Asked in Probate for Oregon on
Q: Can the family request equal split of assets when a estate goes into Probate without a will?

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?

Theressa Hollis
Theressa Hollis
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.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What can I file if my deceased significant others personal representative won't acknowledge his will and omitted it.

The personal representative filed small estate with out including the will, is with holding my inheritance and won't communicate with me or release property left to me.

Theressa Hollis
Theressa Hollis
answered on Aug 7, 2023

You should be able to file the Will with an Amended Small Estate Affidavit. I recommend you hire a probate attorney to assist you with this.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I am fighting cancer and my brother filed an affidavit 7 months ago for my moms estate and never disclosed me as an heir

He has been telling me her estate is not settled but I had an investigator find the affadavit where he didn't disclose me as an heir. He has been lying to me and took everything. I am going to hospice and have large medical bills I told him I needed help How do I get my portion of my... View More

Theressa Hollis
Theressa Hollis
answered on Jul 7, 2023

I'm sorry to hear you are having to deal with so much. Is it possible that your mother had signed a Will? Even if the answer is "Yes" you should have been included on the Small Estate Affidavit and received a copy of it in the mail from your brother. I recommend you hire a probate... View More

1 Answer | Asked in Real Estate Law for Oregon on
Q: how important is it for the realitor to disclose information such as property tax laws to a senior citizen and easments

I bought a property in Toledo OR last March and a water line broke, I understand that it is my responsibility to fix the damage because the water meter is on my property. It is located across the street on a hill. I was not told by escrow or my realitor that I actually owned the road in front of... View More

Theressa Hollis
Theressa Hollis
answered on Jun 7, 2023

Despite the fact that you are a senior this isn't actually an elder law question. You may do better posting this in the topic of real estate. As far as I know the realtor had no duty to warn you that your property taxes were likely to increase in the future. You would have been able to see... View More

1 Answer | Asked in Probate for Oregon on
Q: My father died, and my sister made herself pers. Rep. Of his estate, and took his money from his bank, and didn't report

Dad died, sister made herself pers rep. Of his estate, I was never notified or got any notice. She got an attorney for herself. She never showed me any legal documents of accounting or his bank accounts, she gave me 600$ and said that's all dad had in his bank. Come to find out he had over... View More

Theressa Hollis
Theressa Hollis
answered on May 9, 2023

I am very sorry for your loss. You will need to hire a probate litigator to assist you. If you communicate with your sister or her attorney I recommend you do so in writing (letter or email) so you have proof of the conversation.

1 Answer | Asked in Probate for Oregon on
Q: I need to fill out a court fee waiver form of a small estate probate form. I'm the petitioner. Who is the respondent?
Theressa Hollis
Theressa Hollis
answered on Apr 19, 2023

The form isn't really designed for probate cases. I guess you could put, "Estate of ____________."

1 Answer | Asked in Probate for Oregon on
Q: How can I sue a PR who was negligent in his duties and was deceptive when filing petitions in probate court.

I do have documents with deceptive wording..and time lines when events occurred. His neglect and avoidance of court orders cost me my house. He is not bonded , and I believe he should have been however I was without means to object until just recently. Now I am in desperate need of an atty in my... View More

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

You will need to hire a probate litigator to assist you. Hopefully the estate is still open and has not yet been distributed.

1 Answer | Asked in Probate for Oregon on
Q: Can a probate judge in Oregon overturn a non-judicial foreclosure auction sale if PR was ordered to stop it?

PR was ordered to do all in his power to allow widow to make cash purchase within days of scheduled non-judicial foreclosure. PR took two days and did not notify lender until hours after auction sale concluded

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

To get an accurate answer to your specific question an attorney will need to review all paperwork. I don't know for sure but my guess is that the foreclosure (assuming it was done properly within the law) will stand.

1 Answer | Asked in Estate Planning, Health Care Law and Real Estate Law for Oregon on
Q: Can Oregon take my home if my mother left it to me and she signed a waiver to the state for home health care. She is dec

Eased and I am disabled

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.

1 Answer | Asked in Civil Litigation and Probate for Oregon on
Q: I was previously the sole trustee for my late parents irrevocable trust. Myself and my brother are beneficiaries.

My brother has fought my legal authority from day 1 and done everything he could to conceal, withhold and hide debts owed , creditors etc… I’ve been trying to administer the trust for two years now and he’s got an attorney that’s had me removed as trustee and is now suing me for failure to... View More

Theressa Hollis
Theressa Hollis
answered on Mar 27, 2023

It is important that you hire a litigator to represent you. This will be the only way you will be appropriately defended and have any chance of receiving your share of the inheritance.

2 Answers | Asked in Probate for Oregon on
Q: I am Affiant Sm Est Court Certified Prob. Case Now I learned Real Prop is worth 200K+++. What form to file Court Notice

RE: ORS 114.515 Small estate affidavit: Procedure when value of estate exceeds limitations. I am Affiant of Court Cert Small Est. Probate Case. I discovered the Real Property is worth MORE than the $200K limit for the Small Estate Probate. ORS 114.515 (7) If the fair market value of the property... View More

Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

I recommend you review this with a probate attorney. If the property is worth more than $200,000 it is possible you will need to file a full probate.

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1 Answer | Asked in Probate for Oregon on
Q: What does it mean when a bond is not waived in a decedent's testate estate will?
Theressa Hollis
Theressa Hollis
answered on Oct 17, 2022

In an Oregon probate a bond is essentially an insurance policy protecting the heirs and creditors. If the Personal Representative stole money from the estate the bond company would reimburse the estate and go after the Personal Representative for the money personally. Most of the time the bond is... View More

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... View More

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.

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