Get free answers to your Estate Planning legal questions from lawyers in your area.
answered on Sep 19, 2022
The person in charge of a Trust is call the Trustee (or Successor Trustee). Yes, the Trustee has authority to file a lawsuit for damages on behalf of the beneficiaries of the Trust. Whether that lawsuit is successful will depend on many factors, of course. When anyone is filing a lawsuit I... View More 
My grandmother wants to leave me her house, but wants my mother to beable to live there for the rest of her life. I want to know if we can stipulate this in the will?
answered on Aug 17, 2022
Yes. This is called a life estate (or another option is for your grandmother to leave the property to a testamentary trust). Your grandmother needs to meet with an experienced estate planning attorney to discuss, analyze the benefits and drawbacks and put her plan in place. Be sure your... View More
answered on Aug 12, 2022
It depends on how you are named in his Trust. If you are a beneficiary then you should receive something (after payment of his debts and taxes). If you are simply named in the family section but he did not list you as a beneficiary then you would not receive anything. If you have a copy of your... View More
I live in Oregon. My dad died and left a will, that gives his 4 children 50% of his home; and the other half to his wife. We are having to go to probate, due to his wife’s daughter wanting her mother to have 100% of the home. The deed was not changed to add the names, of my siblings and I. The... View More
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answered on Aug 2, 2022
Not sure of your question, but a Deed takes effect on execution, while a Will has no effect until it is Probated, if ever. If the Deed gave the real property to the survivor, then the wife owns at his death, and it does not go through an Estate or to his Heirs.
She was listed as the beneficiary on his IRA. She wants us to have the money now and not be beneficiaries upon her death.
answered on Jul 18, 2022
Your stepmother may be able to disclaim her interest in your father's IRA. She should hire an attorney to review the specific facts and give her legal advice.
My grandmother has Alzheimer's. Her husband does not. They own a home and property but are staying in a memory care facility because my grandmother can no longer care for herself. Her husband, my step-grandpa, does not need the care. (Before he moved there with her, he was building a steam... View More
answered on Jul 8, 2022
A Power of Attorney only gives the Agent (the person named in the document) the authority to assist the Principal (the person who signed the Power of Attorney) with their financial matters as specified in the document. It does not permit the Agent to perform actions secretly or against the wishes... View More
answered on May 25, 2022
No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.
If you wish to avoid probate you can name your beneficiaries... View More
She is mentally unstable can another family member change her decision
answered on May 25, 2022
I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... View More
(Rather than real property, when making bequests.)
answered on Mar 28, 2022
Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... View More
can this check be reissued into her daughter's name? It's for the BP / Arco class action 91$ & 94$
answered on Feb 25, 2022
I recommend that you contact the Payor of each check to ask if they will reissue the checks. It's possible they may want you to file a small estate affidavit if no probate was previously filed.
My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... View More
answered on Jan 31, 2022
If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.
He had a life insurance policy, a savings account and checking. She is on checking account. She was not on savings and beneficiary of insurance is deceased for 20 years our mother. Can't get a lawyer to return call. How can she do this. Avoid probate. I have called 7 lawyers no one returns call.
answered on Dec 10, 2021
I'm very sorry for your loss. It's possible that your sister is keeping everything because she was a joint owner or payable-on-death beneficiary on your father's bank accounts. It's also possible that your father changed his life insurance beneficiary before his death and could... View More
Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... View More
answered on Dec 7, 2021
If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... View More
I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?
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answered on Dec 2, 2021
Yes, a power of attorney can be revoked by the principal at any time. Do take care not to do anything after revocation that could expose you to liability for theft or conversion.
You do have a claim for reimbursement of expenses. Take a look at possibly pursuing that in small claims court... View More
Is Samual Friedenberg no longer taking clients?
answered on Nov 29, 2021
The price for a Will varies depending on many factors. My law firm usually includes at least one Power of Attorney and an Advance Directive for medical decisions. The range at my firm is for a simple Will package is generally $1,500 - $2,500.
Sam Friedenberg is an attorney with Nay &... View More
They also had a mortgage together no saved money separate and joint bank accounts. No living will and no will in general.
answered on Nov 12, 2021
The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your... View More
She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.
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answered on Sep 4, 2021
Yes, there is such a thing. However, you I’ll most likely find that the premium is about equal to the death benefit at your mom’s stage in life.
My daughter has my mother change her will and put her in charge. Daughter has kept all the assets and ignored the will. My mom had the will made in California where she lived . Before her death she moved to Texas with my daughter where she passed. Which state would I file the hearing in? My mother... View More
answered on Aug 27, 2021
If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.
Should I go to Oregon lawyer or California attorney?
I also have 2 Oregon ll s.
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answered on Aug 25, 2021
Any time you move across state lines, you should have your estate plan reviewed by an estate planning attorney in the state in which you now reside. In your case, it sounds like that is California. You should have your estate plan reviewed by a California estate planning attorney. There are... View More
She was on SSI and medicaid. She has 3 sons that I believe are homeless with no money and her marriage went through dissolution but failed to finalize in the 80's. Estranged husband also homeless with no funds. I don't have the money for standard probate. I am not an heir obviously.... View More
answered on Aug 20, 2021
I am sorry for your loss. It sounds to me like you would be best off if you handed this situation to the State of Oregon Estate Administration Unit (EAU). Because your sister was receiving Medicaid there is a good chance that all of the assets she owned at her death will go back to the State of... View More
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