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answered on Nov 16, 2020
Once a Judge has signed the General Judgment of Final Distribution the Personal Representative should promptly send out distribution to the proper parties. Most County Courts calendar 30 - 60 days for the signed Receipts. If it has been close to 30 days I recommend you contact the Personal... View More 
A woman became irate and threw coffee on me. As a result I slipped and fell onto the floor. I injured my arm and leg.
answered on Nov 16, 2020
Please uncheck "Elder Law." From your description of the incident this does not sound like an elder law issue but it certainly is a personal injury issue and hopefully one of those attorneys can offer you some advice.
When would be the best time to hire a lawyer and start probate?
answered on Nov 9, 2020
Did your father and stepmother have a Revocable Living Trust? If so, do you know if your stepmother is the Trustee?
I recommend you consider hiring a probate attorney to briefly look at the documents you have and give you an opinion. It's possible that probate will not be required OR... View More
Do I have to do full probate because the house might be sold for over $200,000 even though fair market value is $185,000? I have several people wanting to buy it and someone is will to pay over $200,000. The title company says we have to probate.
Thanks!
answered on Nov 3, 2020
Yes, if you have discovered that the real property was worth more than $200,000 on the date-of-death (or if the date of death is more than one year before the date of filing of the affidavit, as of a date within 45 days before the filing of the affidavit) then you need to file a probate. You also... View More
After cremation, she had no money left, didn't own a home, was single and has a financed older car. She lived with my brother.
answered on Nov 3, 2020
I'm sorry for your loss. It sounds like no probate is needed in your mom's case because she owned no assets at her death. Call the credit card company and let them know that there are no assets. They may ask for a Death Certificate.
If the car is registered in Oregon you can... View More
Decedent's brother died, leaving his daughter. If she has children, do they inherit also?
answered on Nov 2, 2020
Assuming there is no Will involved and decedent left no spouse, children, grandchildren, parents or siblings, niece inherits but her children do not. If there was a niece or nephew who had pre-deceased decedent but left children then they would also inherit but the children of the surviving niece... View More
Roof leaking . Kitchen cabinets falling in. Bathroom plumbing backed up. Kitchen sink leaking which took 5 times to fix. Ceiling leaks in bedroom, bathroom, and smaller bedroom, and around the front door. I was told the house was worked on by professionals, yet when I tried to get information... View More
answered on Oct 27, 2020
I recommend you contact the Oregon Dept. of Justice's Consumer Protection hotline at 503-378-4320 or toll-free in Oregon at 877-877-9392.
As you've learned, inspections should always be done before purchasing.
Because you are low income Legal Aid Services of Oregon may be... View More
Step mom took dad off the house title can she do that because the will that once my stepmom is gone it's supposed to be split 6 ways she still alive but she put her daughter's name the house
answered on Oct 26, 2020
Your Will is valid in any state as long as your Will is valid in the state in which you signed it. I am unable to answer your question about your father and step-mother's house because I do not have enough information. I recommend you meet with a probate attorney for the answer to that question.
answered on Oct 26, 2020
Do you mean the Land Use and Development Ordinance? Maybe this link will assist you? https://www.co.douglas.or.us/planning/tbl_cont.asp
Not sure if you also have an estate planning question?
answered on Oct 21, 2020
I recommend you hire a probate attorney to look into the matter for you. You have not provided enough information to be able to answer your question. It's possible that there wasn't enough left after payment of the creditors and probate costs. Or that there were no assets and no... View More
answered on Oct 21, 2020
For Oregon Death Certificates corrections for missing data or typographical errors for personal information on the death record are usually submitted by the funeral director or the informant listed on the death record in the year following date of death. The certifying physician (or medical... View More
My mother passed away 2 weeks ago. My sister, who had POA, told me that the accounts have been closed and there is no longer access to them or the ability to investigate them. Is she correct? I suspected that she took some financial liberties about a year ago and asked her to open up the accounts.... View More
answered on Oct 2, 2020
I'm very sorry for your loss. Just because the accounts are closed does not mean that you have no recourse. I recommend you consult with a probate litigator who can evaluate your specific situation and give you an opinion as to the likelihood of success for your case.
My mom has a lot of bills, taxes, obligations, etc. that are piling up w/late charges. It does not make sense to let it go on and on. Can a court force him to file quickly? Or can I or one of my siblings' file for probate and disregard him? He was named executor in her will, but not by the court.
answered on Sep 21, 2020
Assuming there are assets in your mother's name alone that require probate, you could hire an attorney to send a demand letter to the nominated Personal Representative. If that didn't work you could send a demand letter to the second person nominated in the Will. It is also possible to... View More
How long does the same yet to be appointed executor have (in Oregon) to distribute copies of the will to her heirs?
answered on Sep 21, 2020
There is no time requirements on filing a probate after a person dies. If the decedent owned real property then the nominated Personal Representative (this is what Oregon calls the Executor) should probably file the probate quickly so that they have legal authority to deal with the property. Once... View More
Court says must attach death cert. Can't get one. No will, There's no probate, no executer no nothing. Heirs won't do anything.
answered on Sep 15, 2020
I assume you are trying to file a Small Estate Affidavit. You can do this as a creditor but you will need to order the decedent's Death Certificate. You can do so directly from the county or try this website: https://www.vitalchek.com/death-certificates
You would only file a Small... View More
His children are not handling the small estate and refuse to communicate. I've made several attempts to contact his children to discuss the matter but have gotten no response. The oldest son is actually an attorney in portland and it shocking that he would bury his father ,I believe, unlawfully .
answered on Sep 15, 2020
Oregon law does actually allow a person to bury a family member on their property if certain requirements have been met. A small estate would be required if your boyfriend owned assets in his name alone at his death and those assets totaled less than $75,000 of personal property and/or $200,000 of... View More
Or is that a conflict of Intereat
answered on Sep 15, 2020
A creditor can be appointed Personal Representative but they would first have to send notice to the people who have priority according to Oregon law. Usually this is the immediate family. An experienced probate attorney can help you with this.
answered on Sep 14, 2020
Yes. If the deceased person has a valid Will then the person named in the Will as the Personal Representative (executor) has priority to act. Here is the priority statute for Oregon: https://www.oregonlaws.org/ors/113.085
answered on Aug 31, 2020
I'm sorry, I'm not sure what you are asking. It would be helpful to know who owns the property. Is the person you want to leave a tenant on the property? Is there any written rental agreement?
When you say "living right" do you mean that the person has a Life Estate?... View More
Title in both names, divorce papers left house to dad, deed was never signed over, mom lived in the house until she died, I rented the house from him after her death, he wants to sell but as her heir they need my signature. No will, no probate ever started. Do I need to file before he does
answered on Aug 31, 2020
The divorce Judgment should be enough to transfer the house. Have your father give the title company a signed copy of his final divorce papers.
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