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

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

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.

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.

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.

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

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

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.

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

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

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

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

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

The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your... View More

I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).

Yes, Oregon has legal aid: https://lasoregon.org/ However, if you have a probate to file in Oregon attorneys usually get paid after court approval through the probate assets.

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... View More

I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:

https://lasoregon.org/locations/

I... View More

Most likely you either will not be able to find an insurance company that would insure your mother and/or the cost of the policy will be VERY expensive. Even though Oregon has a law that says, "Parents are bound to maintain their children who are poor and unable to work to maintain... View More

If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.