When a person dies leaving a surviving spouse and children, at least one of whom is not by the surviving spouse then the surviving spouse gets half and the decedent’s children ( all of them, not just you) share the other half equally.
My husband and I are in our 60's and in good health, but looking towards our next chapter, we don't have many assets, just a home and car, but want to have our ducks in a row in case of disease, or dementia. I don't want our children to be burdened with any long term care in the... Read more »
The whole point of an IRREVOCABLE trust is you are giving up access to principal (and sometimes income as well), so no, YOU would not have access to the principal to use to pay nursing home expenses. However, depending on exactly how the trust is designed, you might have indirect access to the...Read more »
deceased parents home back in Sept 2019 while living in a care home. I wasn't aware of this check until recently. My mom just passed away a few weeks ago and I just found out that the check hasn't been cashed or found. Her brother, my uncle, said that his attorney said the check has to... Read more »
I recommend you have a probate attorney review this for you. Your attorney will need to see your grandparents' Trust. Very likely since your mother survived her parents but never cashed the distribution check her estate should now get the check (or a new one re-issued by the Trustee). Your...Read more »
It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.
I received death benefit claim packet from accordia and athene under two different contract numbers not specifying that they were Ira accounts. Then a couple months later I received two more still not specifying they were Ira accounts. Then come to find out after the third that it was all one... Read more »
Athene Annuity sold most of its life insurance business to Accordia in 2013 but continued to administer the business until Accordia took over in 2015. Maybe this was part of the confusion for the IRA you inherited? I'm not entirely sure of your question. I recommend you call the Customer...Read more »
It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be...Read more »
There are 3 siblings and the youngest was named executor. She listed a few things that were to go to each of us in her will. I'm curious as to what happens with her real estate as it wasn't mentioned to whom it goes to. She wasn't married at time of death. Does the executor get to... Read more »
A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.
If your mother owned the real estate in her individual...Read more »
Powers of Attorney don't get "filed" in Oregon. Assuming the Power of Attorney has no expiration date, it remains in effect until the Principal revokes it or dies. Marrying does not automatically give you fiduciary authority over your husband.
Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to...Read more »
family home. I plan to put between $60k-$100k towards a down payment but i want it in my two young adult children name. In other words, I will be a tenant to them... They will be the ones to benefit tax write offs... which is okey with me, also if something has to happen to me, that eliminates... Read more »
I am only licensed to practice in Oregon so I can't speak to Florida law but in general it is better for your children to inherit your property because they receive a stepped-up basis. This means when they inherit your house after your death their new basis in the property is your...Read more »
Dad passed away and he had a trust. He and mom were in memory care for years and went through all of their savings and were on Medicaid their last years. All they have left now is about $1,400 in a checking account. I am trustee of their trust but the bank won't let me take the money without... Read more »
Yes, they are the same but your parents' Affidavit of Trust is no longer accurate because you are the Trustee. I agree that paying for an hour of time from an attorney will solve your problem, however, be sure to speak with an attorney who understand Medicaid Estate Recovery.
I was told that some states require you to itemize even small things in the actual will, otherwise they will all be sold & money distributed. Some things are sentimental rather than valuable. In Oregon, is it sufficient to just provide the executor with a list of items & who they should... Read more »
You don't have to rewrite your will every time, but you do need to write it once to refer to a personal property memorandum that you can then add to or change at any time and from time to time. Here is the statute:
this is in Oregon. My senior dad married someone who wants a lot of things...formerly my brother and I were to inherit the family home of some 40 years, now he says by law she owns half and she will sell it to buy herself a triple wide trailer if he dies. He claims 50/50 laws in Oregon make it so,... Read more »
If your father added his wife to the Deed then the property is likely to go to her at his death. If he did not add her to the Deed then the property will go according to his Will. However, if he leaves his wife out completely then she has a right to claim a percentage of his estate (5% - 33%...Read more »
Your Will is valid in any state as long as your Will is valid in the state in which you signed it. I am unable to answer your question about your father and step-mother's house because I do not have enough information. I recommend you meet with a probate attorney for the answer to that question.
I recommend you hire a probate attorney to look into the matter for you. You have not provided enough information to be able to answer your question. It's possible that there wasn't enough left after payment of the creditors and probate costs. Or that there were no assets and no...Read more »
For Oregon Death Certificates corrections for missing data or typographical errors for personal information on the death record are usually submitted by the funeral director or the informant listed on the death record in the year following date of death. The certifying physician (or medical...Read more »
A creditor can be appointed Personal Representative but they would first have to send notice to the people who have priority according to Oregon law. Usually this is the immediate family. An experienced probate attorney can help you with this.
Yes. If the deceased person has a valid Will then the person named in the Will as the Personal Representative (executor) has priority to act. Here is the priority statute for Oregon: https://www.oregonlaws.org/ors/113.085
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