We are in Oregon, grandma passed without a will and her new spouse is set to inherit half. The family, including spouse, agree to split the estate evenly. Can this be requested of the Probate Court or does it have to be split by the default half to the spouse and half to children?
Oregon law allows the intestate heirs to get together and agree on a different division of the assets if it is approved by the Court. You should speak with the attorney representing the Personal Representative for more information.
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
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
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
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 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
She listed my sister as the beneficiary on that account with a pay on death statement. She has had multiple accounts since, re married, and never listed a survivor, or a beneficiary on any of the other accounts. When my mother passed my sister took the old POD from the first account and cleared all... View More
I am very sorry for your loss. It is possible that the Payable on Death (POD) designation that your mother signed with her bank could have covered all of her accounts with that bank. It just depends on the language in what she signed. There isn't any sort of time limit on a POD designation....View More
He has been telling me her estate is not settled but I had an investigator find the affadavit where he didn't disclose me as an heir. He has been lying to me and took everything. I am going to hospice and have large medical bills I told him I needed help How do I get my portion of my... View More
I'm sorry to hear you are having to deal with so much. Is it possible that your mother had signed a Will? Even if the answer is "Yes" you should have been included on the Small Estate Affidavit and received a copy of it in the mail from your brother. I recommend you hire a probate...View More
We think the trustee has just taken reserve funds for himself. For example attorney reserve the courts allowed be held. The trustee refuses to send us bank statements for the trust accounts so that we can verify the funds that are supposed to be there are still there. Says he doesn't have to,... View More
(She owned free and clear but paid rent to the MH park where it's located ), her Car (I paid off her car loan a week after her death and the bank said I simply needed to fill out the affidavit of inheritance form, that they provided along with THEIR own notary('s) stamp/signature, and... View More
I am sorry for your loss. If there are no other assets that are in your mother's name alone then Oregon has two forms you can fill out to transfer her vehicle and her manufactured home without a probate.
Go to: https://www.oregon.gov/odot/forms/dmv/516fill.pdf for the vehicle. All of...View More
We want to eventually pay off the house but have it under mine and my sister"s name. Is probate avoidable? Our mother recently passed. I know she has debt and I don't want to rock the boat. The mortgage co. said we can keep paying, but what happens in the long run? It can't continue... View More
If your name is on the Deed with your mother you should have an attorney review the Deed. There are two ways for people to own Oregon properties. One with survivorship and one without. If you have survivorship then the house is yours and all you need to do to clear the title is record your...View More
It appears that your son's estate would be subject to a small estate probate, which is a short and streamlined version of the full probate process. This applies to estates with less than $200,000 of real property and $75,000 of personal property. You can file a small estate affidavit to...View More
Dad died, sister made herself pers rep. Of his estate, I was never notified or got any notice. She got an attorney for herself. She never showed me any legal documents of accounting or his bank accounts, she gave me 600$ and said that's all dad had in his bank. Come to find out he had over... View More
I am very sorry for your loss. You will need to hire a probate litigator to assist you. If you communicate with your sister or her attorney I recommend you do so in writing (letter or email) so you have proof of the conversation.
I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.
Is a writ treated the same as a claim during the probate process that can be denied based on statue of limitations? I am the affiant/claiming successor in a small estate where I filed probate in January. State of Oregon sent me a writ to garnish money (any inheritance) for an heir listed in the... View More
Is the garnishment for one of the probate devisees/heirs? If the answer is "Yes" and you hold money for this person then I think you have to abide by the garnishment. You don't deny a garnishment. If you no longer hold money for this person then you can answer the garnisher with...View More
If you are residing in California, then you should be fine with just a California licensed attorney. Each of the membership interests of your LLCs will be assets that will be held in the name of your trust. Although it may be preferable to find an attorney licensed in both states in case novel...View More
Hire an OR attorney now to set aside the conveyance. Contempt might be in order in Probate Court, but it might involve a separate action. Time is of the essence or prejudice to the purchaser will set in, who is also a party.
I do have documents with deceptive wording..and time lines when events occurred. His neglect and avoidance of court orders cost me my house. He is not bonded , and I believe he should have been however I was without means to object until just recently. Now I am in desperate need of an atty in my... View More
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