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.
answered on Apr 19, 2023
The form isn't really designed for probate cases. I guess you could put, "Estate of ____________."
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
answered on Apr 17, 2023
You will need to hire a probate litigator to assist you. Hopefully the estate is still open and has not yet been distributed.
PR was ordered to do all in his power to allow widow to make cash purchase within days of scheduled non-judicial foreclosure. PR took two days and did not notify lender until hours after auction sale concluded
answered on Apr 17, 2023
To get an accurate answer to your specific question an attorney will need to review all paperwork. I don't know for sure but my guess is that the foreclosure (assuming it was done properly within the law) will stand.
There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible
answered on Apr 17, 2023
Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... View More
My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... View More
answered on Mar 28, 2023
In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... View More
My brother has fought my legal authority from day 1 and done everything he could to conceal, withhold and hide debts owed , creditors etc… I’ve been trying to administer the trust for two years now and he’s got an attorney that’s had me removed as trustee and is now suing me for failure to... View More
answered on Mar 27, 2023
It is important that you hire a litigator to represent you. This will be the only way you will be appropriately defended and have any chance of receiving your share of the inheritance.
In Douglas county Oregon I moved my stuff in a storage unit in June 2021 that was owned by a friend of a friend. It was agreed I would pay $60 a month and I ended up paying for three months the day I moved everything in just because I had the extra cash at the time. we never wrote anything out and... View More
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