My mother died in Oregon but had a couple of small (<$2k) bank accounts in California. Do I have to file in California to claim this property? What about an out-of-state pension to which I have a claim on the residue? Can I just file a Small Estate Affidavit here in Oregon, get appointed... View More 
answered on Apr 24, 2024
If the bank has a branch in Oregon then you are probably fine filing a Simple Estate Affidavit (we recently changed the name from Small Estate Affidavit), however, when you file this type of probate you are not appointed as Personal Representative. You just order a certified copy of the Affidavit... View More
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answered on Apr 22, 2024
Not sure of your question. But if the testator transfers by deed property, then he does not have that property in his testate estate to devise or bequeath by will, or even inheritance by intestate succession. There is no strong or weak legal case involved.
I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More
answered on Apr 23, 2024
You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More
We have no Will or Trusts. No kids. Want a clean/fast transfer of my 50% ownership to her.
answered on Apr 24, 2024
The answer to your question depends on the wording on the Deed for the cabin. It's possible that the Deed includes language like "with right of survivorship." In that case, if you die first, the other 50% owner will automatically inherit your share of the cabin. If the Deed does... View More
We live in Oregon. No Will or Trusts. Want to avoid any probate issues.
answered on Apr 24, 2024
As long as you and your wife own the house "as husband and wife" or "as tenants by the entirety" on the Deed then the house will automatically go to the surviving spouse. They will just need to record the Death Certificate with the County to clear title. If your Deed does not... View More
My sister n law and brother could take my mom to her appts.as I work 2 jobs and could not...now my mom passed and they have not showed me the will or financial records.and I have heard from a caretake sister n law took 20k..when my mom was alive..they refuse to share info with me. And will not give... View More
answered on Mar 22, 2024
I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More
answered on Mar 13, 2024
If the Trustee will not respond to you, it would be wise to hire an attorney who can send a demand letter on your behalf. Oregon law requires the Trustee to provide you with annual Trustee Reports (unless you waive them). If you have not been receiving reports from the Trustee there may be a... View More
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
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
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.
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.
My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More
answered on Feb 1, 2024
Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More
They were initially planning to buy out the other beneficiaries and build on the property for themselves. But they didn’t, still live there and haven’t placed the 30 acres and house for sale two years after the trust has come to complete maturity. So they just have the property, do whatever... View More
answered on Jan 8, 2024
If you are a beneficiary of this Trust and are supposed to receive a portion of this property I recommend you hire an attorney to assist you.
I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More
answered on Dec 11, 2023
You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More
Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More
answered on Dec 4, 2023
Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More
What are my rights to the home after the 30 days? All of his estate goes to her, do I have to allow them more time past 30 days to settle his estate and to move their things? She is incapacitated so the family is working on getting governorship, etc. I'm guessing this could take longer than 30... View More
answered on Nov 29, 2023
I think you need to consult with a landlord/tenant attorney to answer your questions. If it is necessary to get Guardianship over your stepfather's wife then it's possible that process could take more than 30 days.
answered on Oct 18, 2023
Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More
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?
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
The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More
answered on Sep 19, 2023
From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However,... View More
He was paid monthly on a contract with a client that he had negotiated with. When I didn't receive his monthly check, I called and the company told me that they stopped paying him upon his death even though they had received payments from his customer. Are they able to just stop paying upon... View More
answered on Sep 8, 2023
I'm very sorry for your loss. Your instinct to view the contract is a good one. I can't imagine that their "internal decision" will control what happens with the remainder of the contract payments. You may need to file a probate to collect the remainder of the contract. I... View More
The only thing separate is her IRA. We had a will made over 30 years ago.
answered on Aug 29, 2023
The answer to the question of whether or not your wife's estate needs to go through probate depends on which assets she left behind. If the only assets that she left behind are the joint bank accounts and an IRA, then you may not need to go through probate. This is if the bank accounts list... View More
answered on Aug 22, 2023
Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More
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