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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Oregon on
Q: I was suppose to receive $50,000 in a will and never received it.
Theressa Hollis
Theressa Hollis answered on Oct 21, 2020

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 »

1 Answer | Asked in Estate Planning for Oregon on
Q: I would like to make an amendment to a death certificate, it is incorrect.
Theressa Hollis
Theressa Hollis answered on Oct 21, 2020

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 »

1 Answer | Asked in Estate Planning for Oregon on
Q: If there is no will and I was a friend of the deceased can I be executor and a creditor to the estate ,

Or is that a conflict of Intereat

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

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.

2 Answers | Asked in Estate Planning for Oregon on
Q: In Oregon, can I be a personal representative/administrator of an estate, and a creditor?
Theressa Hollis
Theressa Hollis answered on Sep 14, 2020

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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1 Answer | Asked in Estate Planning for Oregon on
Q: Does living right at my property mean that my father's beneficiaries have no right to ask the person to leave
Theressa Hollis
Theressa Hollis answered on Aug 31, 2020

I'm sorry, I'm not sure what you are asking. It would be helpful to know who owns the property. Is the person you want to leave a tenant on the property? Is there any written rental agreement?

When you say "living right" do you mean that the person has a Life Estate?...
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1 Answer | Asked in Estate Planning for Oregon on
Q: Filing a small estate affidavit before being served partition suit from divorced, dad for deceased share of joint title

Title in both names, divorce papers left house to dad, deed was never signed over, mom lived in the house until she died, I rented the house from him after her death, he wants to sell but as her heir they need my signature. No will, no probate ever started. Do I need to file before he does

Theressa Hollis
Theressa Hollis answered on Aug 31, 2020

The divorce Judgment should be enough to transfer the house. Have your father give the title company a signed copy of his final divorce papers.

1 Answer | Asked in Estate Planning for Oregon on
Q: My family business is set up as an estate with each of us owning a percentage. If one of the persons want to take their

Percentage out of the family business And put it in their own name, what does this mean.

Theressa Hollis
Theressa Hollis answered on Aug 14, 2020

An attorney would need more information regarding your family business to answer this question. What type of entity is the business - LLC, sole proprietorship, etc? An experienced attorney will want to review all relevant ownership documents and get more details in order to let you know if what... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
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2 Answers | Asked in Estate Planning for Oregon on
Q: Do I have to itemize assets to go into a pour over will in oregon
Theressa Hollis
Theressa Hollis answered on Jun 24, 2020

You will use a Pourover Will when someone who signed a Trust dies leaving an asset in their name alone. You'll need to start a probate with the Court and file the Pourover Will. As part of the probate you will file an Inventory that lists only the assets that are not titled in the Trust, not... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: My father disinherited me on his will, he was a bad alcoholic, can I contest the will based on his irrationality?

His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

If your father did not have sufficient mental capacity to make a will when he created the one that disinherited you, or if he had been subjected to undue influence at that time, and if you can prove those things, then you might be able to have the will set aside. If that will is set aside, then... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Mom died in CA. I live in OR and my sister lives in Canada. We are beneficiaries of her mutual funds. Penalties?

Mom only has a Morgan Stanley mutual finds acct. Will I owe taxes on my 1/2? How will sister in Canada be affected?

Theressa Hollis
Theressa Hollis answered on Jun 9, 2020

You should contact a CPA with your tax question. Your sister should speak to a CPA in Canada.

You both may also need a CPA or probate attorney in CA to help you determine whether or not your mother has a taxable estate.

If you are named by your mother as beneficiaries then no...
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1 Answer | Asked in Estate Planning for Oregon on
Q: My husband has joint custody with his ex. Their parental plan is the kids see him on the weekend and stays with his

Mother durning the week. His son is now telling his mother and us that he wants to live with us. His dad will ask his ex that they need to change the plan with the court so that he dosent get in trouble but she refusses to Chang it. How do we go about it. Seeing him upset and disappointed because... Read more »

Theressa Hollis
Theressa Hollis answered on May 26, 2020

Unfortunately, this question is in the Estate Planning category. If you choose Family Law you will receive more helpful answers. Good luck!

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... Read more »

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... Read more »

Theressa Hollis
Theressa Hollis answered on May 6, 2020

Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Should I let my mom's 100 or so junk vehicles go through probate or should they be re-titled to her Trust?

My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.

Aaron Epling
Aaron Epling answered on May 4, 2020

You could put them in her trust. You could also put them in your name now. It just depends which is easier; especially when you consider that each title fee will be charged 100 times. I suggest doing something now rather than letting them go through probate.

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3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

Please repost your question with the amount of the check. It makes a difference.

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2 Answers | Asked in Estate Planning for Oregon on
Q: Can I stipulate in my will that the house, which is in my name, cannot be sold, but husband can continue to live there?

There is no mortgage. I want the monies from the sale of the house to go to our children, not husband.

Nina Whitehurst
Nina Whitehurst answered on Mar 22, 2020

There is a way to accomplish this but I would not recommend a will. A revocable living trust would be better. You can then reserve a lifetime right of occupancy for your husband with the remainder to your children. This is an oversimplification, however, as there are many issues to consider. An... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

Theressa Hollis
Theressa Hollis answered on Mar 18, 2020

You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.

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2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oregon on
Q: I'm wanting to buy property and have reached the seller but his sister who is also on the deed is mia

The sister has not been able to be reached in years

Joanne Reisman
Joanne Reisman answered on Mar 1, 2020

You are not going to be able to buy the property until the sister's interest is resolved.

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