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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
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
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 In that case the probate can be withdrawn.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
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?
answered on Nov 27, 2023
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.
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
The personal representative filed small estate with out including the will, is with holding my inheritance and won't communicate with me or release property left to me.
answered on Aug 7, 2023
You should be able to file the Will with an Amended Small Estate Affidavit. I recommend you hire a probate attorney to assist you with this.
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
answered on Jul 25, 2023
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
answered on Jul 7, 2023
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
answered on Jun 26, 2023
You are correct. The trustee must account for how all of the trust monies are spent. I recommend contacting the trustee's attorney instead of the trustee directly.
You are also correct that it's the Court case that is closed, not the trust. The trust is not terminated until all... 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
answered on Jun 19, 2023
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
answered on Jun 16, 2023
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
My son passed away. He didn't really have much, just a few personal things, clothes, books, DVDs, videos, etc. Do I need to apply to be a personal representative and go through the probate process?
answered on Jun 1, 2023
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
answered on May 9, 2023
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 am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes.
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answered on May 5, 2023
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
answered on May 1, 2023
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
Currently one sole llc operated in Portland Or
Another LLC operated in LB Ca as Oregon based foreign status
Need set up trust to own both.
Need to change LB CA from OR foreign Llc operations in CA to CA Llc
To avoid probate
Do I need an attorney licensed for... View More
answered on Apr 24, 2023
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
Non-judicial foreclosure auction occured while house was still being litigated in probate.. PR was ordered to stop auction and did nothing to stop it
Can the judge order current buyer to comply with court order to sell to heir?
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answered on Apr 20, 2023
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.
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