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Oregon Elder Law Questions & Answers
0 Answers | Asked in Estate Planning, Criminal Law, Elder Law and Probate for Oregon on
Q: Is a remote or contingent beneficiary have any RIGHT to accounting or knowledge under OREGON STATUTE, if not in trust ?

Former trustee/thieving cousin that resigned after stealing 2.3 mil in timber, cash, property, now is nosing around after my father died because he was the only primary income beneficiary, which now makes us(my brother and i) primary beneficiaries of trust whatever is left after her thievery. She... View More

1 Answer | Asked in Civil Rights, Elder Law and Landlord - Tenant for Oregon on
Q: I have a friend who has uninvited people staying in a trailer in his back yard. Two barrels of human wasted sitting,

garbage bags left. His blind and confined to a wheelchair. They will not leave.. do not pay rent. What can he do. He is renting.

James L. Arrasmith
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answered on Mar 15, 2024

Your friend should contact the landlord or property manager immediately to report the unauthorized occupants and the unsanitary conditions. It's the landlord's responsibility to ensure that the property is safe and habitable, and they may need to take action to remove the uninvited... View More

2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More

Theressa Hollis
Theressa Hollis
answered on Mar 5, 2024

I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More

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1 Answer | Asked in Estate Planning and Elder Law for Oregon on
Q: I receive SS, SSI, Medicare, Medicaid, section 8 housing and snap. Settlement money is coming,

Will puting the money into a first person special needs trust keep me from losing my government benefits? I'm being told yes I'm being told no and I don't know what to think but I'm running out of time. Any assistance is greatly appreciated.

Theressa Hollis
Theressa Hollis
answered on Mar 4, 2024

A Special Needs Trust might be helpful in your circumstance but you have to be very careful when it comes to the rules pertaining to Section 8 housing. I understand that some rules just changed Jan. 1st. I recommend you consult with an experienced attorney.

2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

Theressa Hollis
Theressa Hollis
answered on Feb 9, 2024

If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

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1 Answer | Asked in Family Law and Elder Law for Oregon on
Q: I need to find an attorney who can help me with securing a emergency guardianship of my Mother who is in Oregon.
Theressa Hollis
Theressa Hollis
answered on Jan 10, 2024

There are not very many attorneys in Oregon who handle temporary (emergency) guardianships. You can give me a call at 503-786-8191 I will try to locate someone to help you.

1 Answer | Asked in Elder Law, Legal Malpractice and Probate for Oregon on
Q: How do I find out what is included in probate in Oregon? How do I sue my lawyer, when her malpractice left me with $0?

Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More

Theressa Hollis
Theressa Hollis
answered on Dec 1, 2023

Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More

1 Answer | Asked in Family Law, Civil Litigation, Civil Rights and Elder Law for Oregon on
Q: My mom passed. And the trustee has had no contact with me. Going on 6 months. I'm the only child .and a beneficiary.

He is married to my step brother. He completely took over after my step dad passed. There is a very serious conflict of interest. He kept her from me.and her freinds. I found out that my step had been stealing my grandpa's and my mom's money. And he put it in a irrevocable trust. This guy... View More

Theressa Hollis
Theressa Hollis
answered on Dec 1, 2023

I am sorry for your loss. I recommend you hire a probate litigator to review the facts and advise you.

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Theressa Hollis
Theressa Hollis
answered on Oct 17, 2023

The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More

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1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for Oregon on
Q: I am looking into getting stuff together, like a POA, Trust, Will for my 81 year old mother. Also looking to defer taxes

My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.

Theressa Hollis
Theressa Hollis
answered on Jun 30, 2023

Go to this website and follow the steps to help your mother defer her Oregon property taxes:

https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx

If your mother lives in Multnomah County she may be eligible for free legal...
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1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... View More

1 Answer | Asked in Elder Law and Family Law for Oregon on
Q: My brother has POA he told the care facility to tell me I can’t see mom & they report to him anyone who comes or calls .

What can I do ? It’s 4hrs rnd trip & they say she’s sleeping he does not want her rest interrupted . She’s almost 90 blind on oxygen all she does is sleep. He won’t call me if she passes either

Theressa Hollis
Theressa Hollis
answered on Mar 7, 2023

In general a Power of Attorney allows the Agent (your brother) to make financial decisions for the Principal (your mother). It does not allow the Agent to decide who can and cannot visit the Principal. I would speak to the manager of the care facility directly. If you are not allowed to visit... View More

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Oregon on
Q: Can Dad call police on visiting (adult) son for trespassing if Mom wants him there (joint homeowners)?

Of course I'll try to reason with him and I hope he doesn't follow through with the threat -- but does he have any legal grounds to have me removed if Mom wants me there? What if Mom isn't at home and the police arrive?

TMI: Mom and Dad (80+ yo) are verbally and emotionally... View More

Theressa Hollis
Theressa Hollis
answered on Feb 14, 2023

I don't know the trespassing laws but based on your description of the situation I think it would be best if you do not go to your parents' house for an extended stay. It seems clear that your presence will cause negative consequences for both your parents. If you visit your mother I... View More

1 Answer | Asked in Contracts and Elder Law for Oregon on
Q: I'm 82 & paid $18,000 to a publishing company now know they are phoney..what do I do now and do I report to senior fraud
Theressa Hollis
Theressa Hollis
answered on Jan 20, 2023

This might be considered elder financial abuse. You can use Oregon’s toll-free hotline: 1-855-503-SAFE (7233) to report it.

You can also report scams and fraud in Oregon with the Consumer Hotline at 1-877-877-9392.

For more information you can go to this website:...
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1 Answer | Asked in Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... View More

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.

3 Answers | Asked in Elder Law and Landlord - Tenant for Oregon on
Q: Is ot legal to have broken windows that are boarded up an not fixed for over a month and it's 100 degrees outside?

A tenant living in a 4 plex is rubbing his own feces all over this building he has assaulted tenant's broken out almost all windows in 2 units including his own the property management has been contacted all they have done is board up all windows over the feces and has left it like this for at... View More

Theressa Hollis
Theressa Hollis
answered on Aug 1, 2022

It sounds like this tenant might be having a mental health crisis. I strongly recommend that you call Adult Protective Services in your county and ask them to make an immediate welfare check.

Anyone who is being assaulted should call 911.

In Multnomah County you can also call the...
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1 Answer | Asked in Real Estate Law and Elder Law for Oregon on
Q: Removing trustee from the Deed.

I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... View More

Theressa Hollis
Theressa Hollis
answered on Apr 11, 2022

I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Wrongful Death for Oregon on
Q: A conclusion has been made in my mothers investigation. She needs an attorney to represent her.

When we spoke to my mother she was very clear, not confused or disoriented.

She clearly communicated to the nurse that “I do not want to be here” “did not agree to what is happening or going on around here” “this was not my idea” “ i did everything I was asked to do, but I do... View More

Theressa Hollis
Theressa Hollis
answered on Feb 4, 2022

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.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis
answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... View More

1 Answer | Asked in Personal Injury, Elder Law, Gov & Administrative Law and Health Care Law for Oregon on
Q: Can an HOA in Oregon refuse to install a mailbox at the residence of a disabled elderly person?

All paperwork frm doctor and postmaster have been forwarded and HOA refusing to install when other members elderly members in community have mailbox at their home as opposed to community mailbox. Subject is 84 yrs and cannot walk without sever pain and assistance. This has been ongoing for 2 years.... View More

Theressa Hollis
Theressa Hollis
answered on Jun 27, 2021

I recommend you have the senior contact Bend Legal Aid for assistance: (541) 385-6950

Likely the senior will need to install the mailbox or mail slot at their home and inform the Postal Service.

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