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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 
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
I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... View More
answered on Apr 11, 2022
I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.
Monthly earnings have been depositing in our bank account still. He died over a year ago and I did not know the will had to be probated. The will states that everything goes to me. I have had access to this money in our account and have been paying the quarterly taxes, but I did not know I had to... View More
answered on Apr 6, 2022
You shouldn't worry about getting in trouble but it's a good idea to get this taken care of properly. Contact an attorney in the state where the oil rights are to find out what you need to do next. There is probably a simple procedure for you to get them transferred to you.
(Rather than real property, when making bequests.)
answered on Mar 28, 2022
Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... View More
The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... View More
answered on Mar 15, 2022
It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... View More
I'm in the will he's keeping property from me, I was his father (owner of estate) caretaker and significant other for 4 years. I'm owed for my services. His son the executor kicked me out I am disabled and I need my belongings I was promised by him prior that he would let me stay in... View More
answered on Mar 8, 2022
I'm very sorry for your loss. You might try the Legal Aid Office in the county where you are living.
You can also contact the Personal Representative's (Executor's) attorney and explain your situation. They may give you more time to find another place to live.
You... View More
can this check be reissued into her daughter's name? It's for the BP / Arco class action 91$ & 94$
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.
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.... View More
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... View More
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... View More
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... View More
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.
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... View More
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.
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)
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.
My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?
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... View More
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?
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... View More
Trust in oregon, also trustee says we can't move forward 8f I don't sign her way,. Can she do that?
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.
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.
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... View More
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... View More
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... View More
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?
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... View More
Is Samual Friedenberg no longer taking clients?
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 &... View More
If I do how do I do that
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... View More
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