Ask a Question

Get free answers to your Estate Planning legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oregon Estate Planning Questions & Answers
3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

3 Answers | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: In my divorce it states that I would give him the house with the condition that if anything happens to him the house

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.

Theressa Hollis
Theressa Hollis
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

View More Answers

1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Oregon on
Q: What do I do when I am having problems with estate issues and family members

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I am married. No kids. My wife-I own a house. QUESTION: if I die first, does my wife get the house clean immediately?

We live in Oregon. No Will or Trusts. Want to avoid any probate issues.

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I own 50% of a beach cabin in Oregon. If I die, does my wife receive my 50% share? Want to avoid probate court.

We have no Will or Trusts. No kids. Want a clean/fast transfer of my 50% ownership to her.

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Estate Planning for Oregon on
Q: Do small estate affidavits cover out-of-state bank accounts with small amounts in them?

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

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Estate Planning and Civil Litigation for Oregon on
Q: What does a person do when you suspect a trustee is actually fabricating attorney invoices, and fake checks.

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

Theressa Hollis
Theressa Hollis
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

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does a Last Will and Testament trump a Bargin and Sale Deed? Which has the stronger legal case?
Theressa Hollis
Theressa Hollis
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

View More Answers

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can a durable POA still be used after the person has passed,when it was for payrolls and health?

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

Theressa Hollis
Theressa Hollis
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

2 Answers | Asked in Estate Planning for Oregon on
Q: The estate trustee has not communicated with beneficiaries since the trustor's passing in 2019. Should we be concerned?
Theressa Hollis
Theressa Hollis
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

View More Answers

2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

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

Theressa Hollis
Theressa Hollis
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

View More Answers

1 Answer | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: How can my mother structure my brother's SNT to avoid funds becoming "marital assets" in the event of his divorce?

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

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
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

1 Answer | Asked in Estate Planning, Family Law and Probate for Oregon on
Q: I need advice from a Lawyers point of view on a Petition for General Judgement of Final Distributions case.

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

Karn Thapar
Karn Thapar
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

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does an Oregon pour-over will have to go through probate if it uses the power of testamentary to create a new trust?

Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More

Theressa Hollis
Theressa Hollis
answered on Dec 4, 2023

Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is it allowed for a beneficiary named in a will to be an executor of that same will?
Karn Thapar
Karn Thapar
answered on Oct 18, 2023

Yes it is allowed and this is quite common. For most families, they generally have a trusted individual or family member serve both roles. As the previous attorney mentioned, please ensure that the will is reviewed by an attorney so that it complies with Oregon law. Additionally, an affidavit... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is it allowed for a beneficiary named in a will to be an executor of that same will?
Theressa Hollis
Theressa Hollis
answered on Oct 18, 2023

Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Karn Thapar
Karn Thapar
answered on Oct 18, 2023

I second Theressa's analysis. It really depends on how the property is titled and that information can be found in the deed recorded with the county.

I will also add that the ownership in the deed supersedes anything listed in the will. As such, if the property is in fact listed as...
View More

View More Answers

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Theressa Hollis
Theressa Hollis
answered on Oct 17, 2023

The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More

View More Answers

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate

The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More

Karn Thapar
Karn Thapar
answered on Sep 19, 2023

From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However,... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.