Q: I would like to talk with a lawyer to assist me with a Simple Estate Affidavit
My wife died in July 2024, all of her assets were held jointly with me. She has credit card and medical debt in her name. She has a will which leaves everything to me. The debt in her name only totals about $24,000. She struggled with cancer for 2+ years, which ran up the credit card and medical debt. I think I am eligible to use the Simple Estate Affidavit
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Oregon
- View Profile
- Answered
A:
In Oregon, if the total value of the decedent's probate estate (assets that don't pass by beneficiary designation, joint tenancy, or payable on death) is less than $75,000, you can indeed use the Simple Estate Affidavit to transfer assets. However, since all her assets were jointly held, there might not be any probate assets to transfer via this method. While your wife had a will, since all her assets were jointly held, the will might not have any practical effect unless there are specific bequests or instructions that need to be followed. Given the emotional and potentially complex nature of settling affairs after a spouse's death, it might be wise to consult in person with an attorney to:
1. Confirm that no probate action is necessary.
2. Ensure you are not personally liable for any debts.
3. Address any specific instructions in the will or other legal documents.
Good Luck and sorry about her passing.
Theressa Hollis agrees with this answer
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.
