Your mother can transfer the vehicle to you via an Inheritance Affidavit at the DMV. Your father's heirs will need to sign the Affidavit (before a notary public). If your father's children are all from his wife, then she is the only one who needs to sign. If he has children from a... View More

ORS 112.225 requires the testator signing a Will to be over age 18 and of "sound mind."

According to Oregon law (ORS 112.235) a valid Will must be 1) signed by the testator in the presence of two witnesses or acknowledged by the testator before two witnesses, and 2) signed by the... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025

SSDI is NOT needed based (no asset test) so it will not be affected by any inheritance.

If you were receiving SSI, which is needs based, you would need to quickly develop a strategy to spend your inheritance in such a way as to not impact your SSI.

First, confirm that the deed to your home is in the name of your trust. If so, then you will need to amend your trust to add your husband as a trust beneficiary. If the deed to the home is not in the name of your trust, then you should transfer ownership to your trust, and then amend the trust to... View More

When you married your Will was automatically revoked so it is very important that you consult with your estate planning attorney to update your documents. When someone has a revocable living trust they also have a Will (we call it a Pourover Will) that directs all probate assets back into the... View More

If the house sale happened five years ago it's unlikely you will be able to undo it. However, your grandmother could 1) revoke her Power of Attorney to her sister (be sure she informs sister of the revocation), 2) ask for Adult Protective Services to start an investigation into possible elder... View More

Unfortunately, there is no place that Oregon Wills are kept. If a probate had been filed then you would have found those records at the courthouse. It sounds like your father was married when he passed. It's possible that he did not own any probate assets because all of his assets were held... View More

Jim Boness Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More

If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More

If a probate was filed for your Dad's estate it is possible to retrieve a copy of his Will from the probate Court. If not, then you may be able to obtain a copy from the attorney who drafted the Will and/or the attorney who represented your Aunt.

I recommend you have an attorney review this Deed for you. It sounds to me like this property is owned by (likely) two people (the Grantees) with a right of survivorship. This means that if one owner dies the remaining owner continues to own 100% of the property. The spouse of the deceased owner... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025

The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.

If your father's retirement account is not subject to the Retirement Equity Act (REA) and he named you and your brother as beneficiaries then you should be able to receive the money even if he was married at the time of his death. The only way you can find out is to fill out the Fidelity... View More

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

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

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

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

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

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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

Anthony M. Avery 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