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Questions Answered by Theressa Hollis
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.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can a pro se personal representative of a Trust file a lawsuit for damages on behalf of all members of the Trust?
Theressa Hollis
Theressa Hollis
answered on Sep 19, 2022

The person in charge of a Trust is call the Trustee (or Successor Trustee). Yes, the Trustee has authority to file a lawsuit for damages on behalf of the beneficiaries of the Trust. Whether that lawsuit is successful will depend on many factors, of course. When anyone is filing a lawsuit I... View More

1 Answer | Asked in Probate for Oregon on
Q: What confirmation do you need to prove as an heir?

I recently found out who my father was through Ancenstry DNA which linked me to my grandmother and Aunts. My father passed away when I was young and never had the chance to know him, however, I had found out my grandfather had passed away and his estate is in probate court. I personally was not... View More

Theressa Hollis
Theressa Hollis
answered on Sep 14, 2022

You should contact the attorney and ask him/her what they want for proof of the fact that you are an heir.

If you need further assistance you should hire a probate attorney.

2 Answers | Asked in Civil Litigation, Small Claims and Probate for Oregon on
Q: Grandson took my sons car title after he died. The agreement was to sell the car to payback funeral cost What can I do?

He has the title in his girlfriend's name (he's unable to obtain a driver's license) and they are in Washington State. I have the car and would just like this to be settled. I covered the cost of the funeral and my son's debts. I just don't know what my rights are or what... View More

Theressa Hollis
Theressa Hollis
answered on Aug 22, 2022

I don't have enough information to answer your specific legal question but, in general, if a car owner dies in Oregon and no probate is filed their intestate heirs can fill out an Inheritance Affidavit at the DMV and transfer their car as the intestate heirs agree. So, if your son was an... View More

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1 Answer | Asked in Estate Planning for Oregon on
Q: Can my grandmother give me her house and stipulate my mom is allowed to reside there for the rest of her life?

My grandmother wants to leave me her house, but wants my mother to beable to live there for the rest of her life. I want to know if we can stipulate this in the will?

Theressa Hollis
Theressa Hollis
answered on Aug 17, 2022

Yes. This is called a life estate (or another option is for your grandmother to leave the property to a testamentary trust). Your grandmother needs to meet with an experienced estate planning attorney to discuss, analyze the benefits and drawbacks and put her plan in place. Be sure your... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My dad named me on his living trust. Lawyer says I'm getting nothing. Can I be named not to get anything
Theressa Hollis
Theressa Hollis
answered on Aug 12, 2022

It depends on how you are named in his Trust. If you are a beneficiary then you should receive something (after payment of his debts and taxes). If you are simply named in the family section but he did not list you as a beneficiary then you would not receive anything. If you have a copy of your... View More

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3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... View More

Theressa Hollis
Theressa Hollis
answered on Aug 1, 2022

It sounds like this tenant might be having a mental health crisis. I strongly recommend that you call Adult Protective Services in your county and ask them to make an immediate welfare check.

Anyone who is being assaulted should call 911.

In Multnomah County you can also call the...
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1 Answer | Asked in Estate Planning for Oregon on
Q: My Dad died and left his IRA to my stepmother. She wants to give it to my brother and I. Is that possible?

She was listed as the beneficiary on his IRA. She wants us to have the money now and not be beneficiaries upon her death.

Theressa Hollis
Theressa Hollis
answered on Jul 18, 2022

Your stepmother may be able to disclaim her interest in your father's IRA. She should hire an attorney to review the specific facts and give her legal advice.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can my uncle liquidate my grandparent's estate if he has power of attorney?

My grandmother has Alzheimer's. Her husband does not. They own a home and property but are staying in a memory care facility because my grandmother can no longer care for herself. Her husband, my step-grandpa, does not need the care. (Before he moved there with her, he was building a steam... View More

Theressa Hollis
Theressa Hollis
answered on Jul 8, 2022

A Power of Attorney only gives the Agent (the person named in the document) the authority to assist the Principal (the person who signed the Power of Attorney) with their financial matters as specified in the document. It does not permit the Agent to perform actions secretly or against the wishes... View More

1 Answer | Asked in Probate for Oregon on
Q: I am confused about the Oregon Small Estate Affidavit. It does not allow you to set up estate account, pay bills, etc.

Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... View More

Theressa Hollis
Theressa Hollis
answered on Jun 24, 2022

You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: If an investment account has the estate of the owner as the TOD beneficiary, will probate be avoided?
Theressa Hollis
Theressa Hollis
answered on May 25, 2022

No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.

If you wish to avoid probate you can name your beneficiaries...
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1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

She is mentally unstable can another family member change her decision

Theressa Hollis
Theressa Hollis
answered on May 25, 2022

I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... View More

1 Answer | Asked in Probate for Oregon on
Q: Dad just passed in OR. Unwed partner claims only will from the 1990s in AK. Is an old will still valid? How do I get it?

We have no idea what attorney he used and the partner claims to not have a copy.

Theressa Hollis
Theressa Hollis
answered on Apr 27, 2022

The most recent Will that your father signed is his valid Will unless he married after he signed it. To locate the Will you can ask your father's partner to look through his important papers and check any safe deposit boxes. If you can find out what attorney your father hired in the... View More

1 Answer | Asked in Probate for Oregon on
Q: Dad passed in OR this year. How do I get the will? How long does the Executor have to contact me?

Executor in WA is my sibling. I am in AK. Other sibling reports Executor claims to have contacted all siblings to ask permission to dispose of certain assets. I have not been contacted. Executor is unwilling to communicate but I understand by law they are required to contact me.

Theressa Hollis
Theressa Hollis
answered on Apr 27, 2022

If you can find out the name of the Executor's attorney I recommend contacting this person. If not then you will have to contact the Executor directly to ask your questions.

1 Answer | Asked in Family Law and Probate for Oregon on
Q: What happens if there’s a conflict when it comes to inventory or FMV of house in Oregon

My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... View More

Theressa Hollis
Theressa Hollis
answered on Apr 18, 2022

I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the... View More

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