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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Oregon on
Q: How do you transfer a piece of real estate before someone dies in order to avoid probate?
Nina Whitehurst
Nina Whitehurst answered on Feb 25, 2020

The owner of the real property can do that by signing and recording a deed, but he or she would be well advised to consult with an attorney before doing so. Lifetime gifts of large value items like a home are fraught with peril. First, the gift might trigger a gift tax. Second, the recipient... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: What forms do we need to file with the courts to become executure of the estate
Joanne Reisman
Joanne Reisman answered on Feb 22, 2020

Assuming this is an Oregon Case, there are no do-it-yourself forms for probate. You really need to speak to a lawyer. Also a probate may not be necessary.

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1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: I live in a house that is owned by my dad. My husband and I pay my dad the mortgage he took a loan for to help us get in

if he dies and his estate settles the mortgage of the loan, and I take less of the inheritance to pay back the loan, does my sister get to claim half of the equity of the house we live in? we have paid interset and monthly in this house she has not paid a dime. Also, he is thinking of just selling... Read more »

Joanne Reisman
Joanne Reisman answered on Feb 3, 2020

You need to go see a lawyer. You can have all sorts of problems when you are buying a house but the house is held in someone else's name as is the mortgage. It sounds like you need a contract for the sale of the house from your dad to you to memorialize what is really going on, ie your dad helped... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: If a claiming successor (only sister of deceased brother) has two children, then the estate is divided equally in Oregon
Theressa Hollis
Theressa Hollis answered on Jan 27, 2020

I'm afraid you have not asked a question. However, if an Oregon resident dies without a Will or Trust then Oregon's intestate laws control the distribution of his estate. When a decedent has no spouse, children or surviving parents the estate assets (after payment of all outstanding creditors and... Read more »

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1 Answer | Asked in Estate Planning, Collections and Probate for Oregon on
Q: What is the legal process to gain legal authority to act on deceased behalf when there is no will and no estate?

My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2020

I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an experienced... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My Mother died had no will. One sister States she is “in charge” giving her access to the house/car.What should I do?

I do not believe she has any documents

Joanne Reisman
Joanne Reisman answered on Dec 29, 2019

This was posted as an Oregon Law question so my answer pertains to Oregon Law: There is no document that gives someone control over an estate when there is no will. She is probably talking about a Power of Attorney but the Power of Attorney is extinguished when the principle dies. There are Oregon... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: My Mother died with no will my sister stated to the sheriff she had documents giving her control but has failed to prove
Nina Whitehurst
Nina Whitehurst answered on Dec 27, 2019

You might not get any answers because you have not asked a question. Try posting again but next time ask your question.

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 12, 2019

I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Q: My brother hired a probate lawyer to handle my mother's estate. There is no will. I don't trust him.

Can he take the money and run. Should I hire a lawyer too?

Theressa Hollis
Theressa Hollis answered on Nov 18, 2019

Yes, you should consider hiring an experienced probate attorney to review all paperwork so that you can be sure that your brother is handling the estate properly. You should explain your concerns with your attorney. It is possible that your brother should not be appointed as Personal... Read more »

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing my... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the mortgage. You... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does my wife’s family owe lot rent

My wives father passed recently. Her father owned a mobile home and was the only person on the title after he died with no will. He did not own the land it was on and had a rental contract with the land owner. My wife and her brothers are under the impression that because the title is only in... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

The estate of the deceased father, not the heirs, are responsible for the debt. To the extent that the estate includes property of the deceased father, the property is liable for the debt. This would be all property of the deceased father's, not just the mobile home itself. In Oregon there is a... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Would I be notified if a new executor of stepdad's trust and will was appointed after I was appointed?

stepdad appointed me executor of his trust and will several years ago. He remarried since then and was going to appoint the new wife but our attorney couldn't do it as it was a conflict of interest. Now I'm wondering if stepdad went to a new attorney would I be notified that I am no longer executor?

Nina Whitehurst
Nina Whitehurst answered on Nov 7, 2019

No, you would not necessarily be notified.

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4 Answers | Asked in Estate Planning for Oregon on
Q: Do an unmarried couple need individual revocable living trusts?

We are an unmarried couple and are on the deed of trust "not as tenants by the entirety, but with the rights of suvivorship. The titles to the vehicles have each of our names on them. We each have bank(savings & Checking) accounts with designated beneficiaries up on death. We each have variable... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 7, 2019

It sounds like you have cobbled together an estate plan that handles the first death but not the second death and also guarantees a probate for anything other than those you mentioned. Your plan also does not handle disability. Separate trusts would fix both problems. I do not recommend joint... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I have been asked to forfeit my share of the estate of m daughter's once the sccusations Found incorrect is that all

Or can they give more reasons to make me forfeit and what is a dscouvery hearing Doesn't matter if some of the beneficiaries are homeless

Joanne Reisman
Joanne Reisman answered on Nov 3, 2019

Unfortunately your post doesn't really say what is going on in a manner that anyone can understand so I have no idea what the situation is nor what your related question is.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?

Three years ago next month, my father died. The self claimed executor of his estate contacted me because a cousin told her to. When I asked about his house in Clatsop County, she daid it was being sold and no one knew he had two daughters. She hurried up and held a service. And she herself... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 29, 2019

You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it... Read more »

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2 Answers | Asked in Probate and Estate Planning for Oregon on
Q: Ok so. My mom and her best friend cooked or forged my fathers will at death. My mom was friends with my ex shes a notar.

She notarized the will. After dad died. All of this was coached by my moms best friend. Fast foreward to june or july this year mom get put on hospice. At the meeting with hospice moms best friend says hes not the executor said didnt sign anything. Mom tells me she didn't have him do it and that... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 25, 2019

I'm sorry for your loss. It is important that you meet with a probate attorney to help you evaluate your situation. There are important deadlines in a Will contest case so I encourage you to schedule an appointment as soon as you are able. Be prepared to pay for the attorney's time at his/her... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Where to file small estate claim?

My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

If your father lived in Oregon at the time of his death and there is property in Oregon that needs to be transferred to heirs or devisees, then Oregon is the right place to file either a small estate's affidavit of a probate. But neither process is required by the law and you mother really needs... Read more »

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3 Answers | Asked in Estate Planning, Tax Law and Probate for Oregon on
Q: Hi, my name is wing I need help for my next steps

Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 24, 2019

Please accept my condolences on the death of your spouse. From your post, it appears you are or may be a beneficiary of a revocable living trust. Your spouse was one of the trustors of the trust, and you may be a trustor also. A trustor is a person who creates a trust. I recommend that you... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: My dad died a few years ago and his estate went to his new wife. Now she is dead. My sister is executor and she is dead.

Im next in line house is in calif. What do i do?

Thank you

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Hire a California probate attorney to help you petition the court to appoint you as executor.

I am licensed in AK, AZ, CA, CO, OR and TN

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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: A court appointment PR is only handling bank funds, and making the family divide personal property, says he'll sell...?

We were issued an outside PR because we could not agree. But our PR is only handling the actual $ he says personal property, computers, rolex's, etc are for us to divide and figure out. IF we cannot deal with personal property between us, he says he will sell everything at an estate sale and give... Read more »

Theressa Hollis
Theressa Hollis answered on Sep 5, 2019

If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask for... Read more »

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