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.

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... View 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... View 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... View 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.

If your husband would like to... View More

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... View More

I recommend you hire an experienced probate attorney to assist you. It's possible to object to the sales price but you should do so right away.

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... View 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... View 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... View 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.

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%... View 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... View 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... View 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... View 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... View More

Your dad is not personally liable for any debt that he did not incur. It's common for family members to feel responsible for "doing the right thing" and paying off their loved one's debts at the death. However, this is not required. If you Aunt left any assets in her name... View More

The fact that the attorney who represents the Personal Representative filed a prior Will with the Court is a real problem. If you have informed the attorney in writing and provided the current Will and it is not filed with the Court right away then I recommend you hire your own attorney who assist... View More