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She sends him 150 dollars a week on a card. The will clearly stated upon my death, but he has received no money other than the 150 a week which he cannot live on. She has repeatedly threatened to sell the house which was left to him.
answered on Nov 4, 2024
It's possible that your friend could go to Court to have the Trustee removed. However, the most cost-effective thing is for him to work with the Trustee. It's a very good idea for your friend to hire a probate attorney to review the Trust and advise him of his rights. If the trust is... View More 
The language:
In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More
answered on Oct 25, 2024
Please accept my condolences for your mom's passing. Unfortunately, that provision in your mom's Will doesn't avoid the probate process. The person (or company) named as Personal Representative has no authority until they are appointed by the probate Court.
Some assets may... View More
The language:
In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More
answered on Oct 24, 2024
Probate is not always necessary. For example, if the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can... View More
In determining the cash on hand for a trust, the bank has $66k, together with payment of $33k made by said person/beneficiary, is $99k to be divided in 3 equal shares, = $33k per beneficiary. Then the $33k is subtracted from the beneficiary share? How is that?
answered on Oct 2, 2024
To give you an accurate answer an attorney would need a lot more information. However, based on what you have written it sounds like one beneficiary owes the Trust $33,000 and the Trust bank account holds $66,000. Since the Trust is evidently to be split in three equal shares, the beneficiary who... View More
answered on Sep 6, 2024
You should receive an annual trustee's report. Upon your request the trustee has a reasonable time to provide you with relevant trust information. Depending on the complexity of the trust assets and what information you have requested I would expect a response in three to six weeks.... View More
If there is no power of attorney or will. Even after in the beginning the friend was allowed to make decisions for the family member when the said patient first was in the hospital?
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answered on Jun 13, 2024
A "friend", whether it is a romantic partner or a life long friend or even man's best friend, has no rights to make end of life decisions unless that person is named in an advance directive as the decision maker. The hospital will have a procedure it follows for making these crucial... View More
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.
answered on Jun 7, 2024
You will need an attorney to review your final Divorce Decree. My guess is that it doesn't actually say this because there are only a limited number of ways to control the house. It could have gone into a Trust for your daughter with the ability for your ex-spouse to live there for his... View More
Would go to my daughter. He is getting married at the end of this month and my daughter is concerned. How do I protect her interest.
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answered on Jun 5, 2024
That marriage will give spouse rights. Why did your lawyer not get you a life estate/remainder deed at the divorce hearing? You might record a certified copy of the divorce decree in the County of the house, but the surviving spouse might try to ignore it. A contempt action probably does not... View More
My sister controls my mother's estate. After she passed it was oral arrangement that we all decided to go with an even spit no problem for the first 18 months but then 18 months ago my sis just stopped paying me and now refuses to pay me ever again
answered on May 7, 2024
An Oregon attorney could advise best, but your question remains open for two weeks. While some questions can go unanswered on this forum, you might have better chances of a response by adding the headings "Probate" and "Estate Planning." While it's possible that your matter... View More
We live in Oregon. No Will or Trusts. Want to avoid any probate issues.
answered on Apr 24, 2024
As long as you and your wife own the house "as husband and wife" or "as tenants by the entirety" on the Deed then the house will automatically go to the surviving spouse. They will just need to record the Death Certificate with the County to clear title. If your Deed does not... View More
We have no Will or Trusts. No kids. Want a clean/fast transfer of my 50% ownership to her.
answered on Apr 24, 2024
The answer to your question depends on the wording on the Deed for the cabin. It's possible that the Deed includes language like "with right of survivorship." In that case, if you die first, the other 50% owner will automatically inherit your share of the cabin. If the Deed does... View More
My mother died in Oregon but had a couple of small (<$2k) bank accounts in California. Do I have to file in California to claim this property? What about an out-of-state pension to which I have a claim on the residue? Can I just file a Small Estate Affidavit here in Oregon, get appointed... View More
answered on Apr 24, 2024
If the bank has a branch in Oregon then you are probably fine filing a Simple Estate Affidavit (we recently changed the name from Small Estate Affidavit), however, when you file this type of probate you are not appointed as Personal Representative. You just order a certified copy of the Affidavit... View More
I believe the trustee of my mother's trust is committing fraud. I suspect he has fabricated an invoice from an attorneys office, says he retained the attorney for an appeal. ( There was no appeal after probate hearings) there's a check made out to attorney for $4000.00 that looks fake. If... View More
answered on Apr 23, 2024
You could certainly inform the attorney of your suspicions. However, he will probably not be able to tell you if he has been retained by the Trustee due to attorney/client privilege rules. You can ask the Trustee for a copy of the front and back of the check that has been processed by the bank.... View More
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
My sister n law and brother could take my mom to her appts.as I work 2 jobs and could not...now my mom passed and they have not showed me the will or financial records.and I have heard from a caretake sister n law took 20k..when my mom was alive..they refuse to share info with me. And will not give... View More
answered on Mar 22, 2024
I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More
answered on Mar 13, 2024
If the Trustee will not respond to you, it would be wise to hire an attorney who can send a demand letter on your behalf. Oregon law requires the Trustee to provide you with annual Trustee Reports (unless you waive them). If you have not been receiving reports from the Trustee there may be a... View More
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
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answered on Mar 6, 2024
In your situation, consulting with an estate or probate attorney would be a wise step. These lawyers handle cases involving estates, wills, and disputes after someone's death. They can help navigate the complexities of estate law, especially when there's no will, and ensure that your... View More
My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More
answered on Mar 5, 2024
I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More
My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More
answered on Feb 1, 2024
Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More
I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More
answered on Dec 11, 2023
You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More
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