San Francisco, CA asked in Probate for Oregon

Q: My father passed away. He was not married and had no will nor did he have any assests.

I'm next of kin. How long do I have to go to the courts to file for next of kin? He has small assests about 3 thousand dollars in the bank as well owns a truck and has stuff in 2 storages. What route do I need to take ?

Related Topics:
2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Estate Planning Lawyer
  • Fowlerville, MI

A: If he truly had NO assets (as in NOTHING in his name alone -- no car, no home, no savings bonds no bank accounts or IRAs etc.) then why would you file anything with the Courts? What would you receive if you did?

If there IS some reason you believe you should file Probate, you need to seek out a local lawyer who can guide you through the process. There are many traps for the unwary, including filing for probate and incurring the expenses when there is no reasonable likelihood that you'll receive anything in the end.

Seek local legal help before you do anything.

--This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship. I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice!

Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It says you are in California. I can only respond as an Oregon Lawyer discussing the estate of someone that was in Oregon when they died. Under Oregon Law there is a statute called the intestacy law that will fill in for the absence of a Will. So this will determine who inherits what. But first you need to consult with an Oregon Attorney as to what property your father had when he died. I find it is helpful to request that all the deceased persons mail is forwarded to the person acting to settle the estate and monitor the mail for a few months to see what you can learn from the mail about your deceased family members financial affairs, unless you already feel that you know what their property consists of. But either way you should set up a mail forwarding address. This can be done on line on the USPS website.

Then consult with an attorney to determine if there is any need to involve the courts. You may not have to file anything with the courts. Filing probate is not required. It is just a process that you can use if needed to transfer assets from the deceased person's estate to the rightful recipient. So your first step should be to contact an Oregon Attorney (who does probates) and discuss what if anything needs to be done.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.