We have no idea what attorney he used and the partner claims to not have a copy.
answered on Apr 27, 2022
The most recent Will that your father signed is his valid Will unless he married after he signed it. To locate the Will you can ask your father's partner to look through his important papers and check any safe deposit boxes. If you can find out what attorney your father hired in the... View More 
Executor in WA is my sibling. I am in AK. Other sibling reports Executor claims to have contacted all siblings to ask permission to dispose of certain assets. I have not been contacted. Executor is unwilling to communicate but I understand by law they are required to contact me.
answered on Apr 27, 2022
If you can find out the name of the Executor's attorney I recommend contacting this person. If not then you will have to contact the Executor directly to ask your questions.
When wife dies, how are proceeds divided? Can title be changed now? Nothing ever probated and title is still listed as husband and wife. He died 10 years ago. No personal representative was ever done. Children on both sides.
answered on Apr 20, 2022
The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the... View More
My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... View More
answered on Apr 18, 2022
I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the... View More
Monthly earnings have been depositing in our bank account still. He died over a year ago and I did not know the will had to be probated. The will states that everything goes to me. I have had access to this money in our account and have been paying the quarterly taxes, but I did not know I had to... View More
answered on Apr 6, 2022
You shouldn't worry about getting in trouble but it's a good idea to get this taken care of properly. Contact an attorney in the state where the oil rights are to find out what you need to do next. There is probably a simple procedure for you to get them transferred to you.
(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
The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... View More
answered on Mar 15, 2022
It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... View More
I'm in the will he's keeping property from me, I was his father (owner of estate) caretaker and significant other for 4 years. I'm owed for my services. His son the executor kicked me out I am disabled and I need my belongings I was promised by him prior that he would let me stay in... View More
answered on Mar 8, 2022
I'm very sorry for your loss. You might try the Legal Aid Office in the county where you are living.
You can also contact the Personal Representative's (Executor's) attorney and explain your situation. They may give you more time to find another place to live.
You... View More
answered on Feb 18, 2022
No. Oregon law requires that you list the property with its Fair Market Value as of the date of death (or, if it has been a year since the person passed the value within 45 days of filing the small estate affidavit). You do not reduce the value by any mortgage, liens or property taxes owed.... View More
My half-sibling is the beneficiary of my father's trust, but he also has a will that I'm (and other siblings) name in. She refuses to send it to us. I've tried contacting the records dept. and recorder's office of Multnomah County, but they have nothing on file. Is she... View More
answered on Feb 11, 2022
The answer to your question is very dependent on the facts of your situation. I recommend you meet with a probate attorney to review the information to give you an accurate answer.
In general, if someone has a Revocable Living Trust their Will does not specifically name individual devisees... View More
Adult kids on wife side could challenge the DEED in probate court?
Claiming any kind of excuse that she was not in her right frame of mind?
(not true)
answered on Jan 31, 2022
Anyone can try to challenge anything in Court but that doesn't mean they will be successful. If you receive Court documents I recommend you consult with an experienced probate attorney who will review the Deed and give you specific legal advice for your situation.
My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?
answered on Jan 21, 2022
Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... View More
My Grandmother died in 2008 in Portland, OR. I was a legal heir but never received a copy of the Will. I would like to receive a copy from the court if it is filed there? How/where do I request one?
answered on Dec 29, 2021
If your grandmother's Will was probated in Oregon then I will be happy to obtain a copy for you.
If it was not probated (for example, if she had a Revocable Living Trust or owned no assets in her name alone at her death) then there is no way official to locate a copy of her Will. If... View More
Trust in oregon, also trustee says we can't move forward 8f I don't sign her way,. Can she do that?
answered on Dec 27, 2021
If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.
If I do how do I do that
answered on Nov 29, 2021
In Oregon filing a Small Estate Affidavit does NOT get you Letters Testamentary (called Letters of Administration for estates without Wills). However, you can use a court-certified copy of your Small Estate Affidavit to manage the assets listed in the Affidavit. If you need further assistance I... 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
answered on Nov 2, 2021
Yes, Oregon has legal aid: https://lasoregon.org/ However, if you have a probate to file in Oregon attorneys usually get paid after court approval through the probate assets.
With her bank account and her home bills? I was not her beneficiary for her life insurance. My niece is. I have no idea what to next. She had preplanning funeral pd, I'm lost.
answered on Nov 2, 2021
I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).
answered on Oct 14, 2021
In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... View More
She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... View More
answered on Oct 12, 2021
I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:
https://lasoregon.org/locations/
I... View More
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