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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... Read more »

1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2023

For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I'm an only child, but dad claims no descendants in his will and he sadly passed away. Do I have any rights?

Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my... Read more »

Theressa Hollis
Theressa Hollis
answered on Mar 8, 2023

Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... Read more »

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Q: What statute of limitations apply to tenants by the entirety deeds that are challenged by grantor's heirs due to fraud
Seth Meyerson
Seth Meyerson
answered on Jan 25, 2023

Generally, seven years for fraud. See an attorney, there may be facts that allow more time based on the later discovery of fraud.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Karn Thapar
Karn Thapar
answered on Dec 28, 2022

Hello, any attorney should be able to assist you with this matter. Many times individuals pass without a will, in which case an experienced probate attorney can assist you with the process. Probate is the court process whereby the family member's assets pass to the family. Please feel free... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: How do I add my daughters name to the deed to my home?
Theressa Hollis
Theressa Hollis
answered on Nov 28, 2022

It is possible to simply sign a Deed adding your daughters' names to your home. However, in general this is not the best way to accomplish your estate planning. For example, once you add your daughters' names they are now owners of the property along with you. This means that you have... Read more »

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1 Answer | Asked in Probate and Estate Planning for Oregon on
Q: in oregon are you required to file probate with court if you don't need it to help you disburse, only household stuff ?
Theressa Hollis
Theressa Hollis
answered on Oct 28, 2022

Probate filings with the Court are usually for more than just household items. If there is no disagreement among the immediate family members (or the people named in the Will to receive the items) then no probate is required.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Father died no will left behind four children one dog and a house with under 200000. No will

One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 3, 2022

One or more of the Children Heirs may want to file suit for Sale For Partition.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can a pro se personal representative of a Trust file a lawsuit for damages on behalf of all members of the Trust?
Theressa Hollis
Theressa Hollis
answered on Sep 19, 2022

The person in charge of a Trust is call the Trustee (or Successor Trustee). Yes, the Trustee has authority to file a lawsuit for damages on behalf of the beneficiaries of the Trust. Whether that lawsuit is successful will depend on many factors, of course. When anyone is filing a lawsuit I... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Can my grandmother give me her house and stipulate my mom is allowed to reside there for the rest of her life?

My grandmother wants to leave me her house, but wants my mother to beable to live there for the rest of her life. I want to know if we can stipulate this in the will?

Theressa Hollis
Theressa Hollis
answered on Aug 17, 2022

Yes. This is called a life estate (or another option is for your grandmother to leave the property to a testamentary trust). Your grandmother needs to meet with an experienced estate planning attorney to discuss, analyze the benefits and drawbacks and put her plan in place. Be sure your... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My dad named me on his living trust. Lawyer says I'm getting nothing. Can I be named not to get anything
Theressa Hollis
Theressa Hollis
answered on Aug 12, 2022

It depends on how you are named in his Trust. If you are a beneficiary then you should receive something (after payment of his debts and taxes). If you are simply named in the family section but he did not list you as a beneficiary then you would not receive anything. If you have a copy of your... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Does a deed overshadow, a will?

I live in Oregon. My dad died and left a will, that gives his 4 children 50% of his home; and the other half to his wife. We are having to go to probate, due to his wife’s daughter wanting her mother to have 100% of the home. The deed was not changed to add the names, of my siblings and I. The... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 2, 2022

Not sure of your question, but a Deed takes effect on execution, while a Will has no effect until it is Probated, if ever. If the Deed gave the real property to the survivor, then the wife owns at his death, and it does not go through an Estate or to his Heirs.

1 Answer | Asked in Estate Planning for Oregon on
Q: My Dad died and left his IRA to my stepmother. She wants to give it to my brother and I. Is that possible?

She was listed as the beneficiary on his IRA. She wants us to have the money now and not be beneficiaries upon her death.

Theressa Hollis
Theressa Hollis
answered on Jul 18, 2022

Your stepmother may be able to disclaim her interest in your father's IRA. She should hire an attorney to review the specific facts and give her legal advice.

1 Answer | Asked in Estate Planning for Oregon on
Q: Can my uncle liquidate my grandparent's estate if he has power of attorney?

My grandmother has Alzheimer's. Her husband does not. They own a home and property but are staying in a memory care facility because my grandmother can no longer care for herself. Her husband, my step-grandpa, does not need the care. (Before he moved there with her, he was building a steam... Read more »

Theressa Hollis
Theressa Hollis
answered on Jul 8, 2022

A Power of Attorney only gives the Agent (the person named in the document) the authority to assist the Principal (the person who signed the Power of Attorney) with their financial matters as specified in the document. It does not permit the Agent to perform actions secretly or against the wishes... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: If an investment account has the estate of the owner as the TOD beneficiary, will probate be avoided?
Theressa Hollis
Theressa Hollis
answered on May 25, 2022

No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.

If you wish to avoid probate you can name your beneficiaries...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

She is mentally unstable can another family member change her decision

Theressa Hollis
Theressa Hollis
answered on May 25, 2022

I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is a mobile home on rented land considered personal property in my Will?

(Rather than real property, when making bequests.)

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2022

Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Oregon on
Q: I just found a check addressed to my mom for a class action suit my mom expired 5/8/2017 the check is dated 7/18/2019

can this check be reissued into her daughter's name? It's for the BP / Arco class action 91$ & 94$

Theressa Hollis
Theressa Hollis
answered on Feb 25, 2022

I recommend that you contact the Payor of each check to ask if they will reissue the checks. It's possible they may want you to file a small estate affidavit if no probate was previously filed.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oregon on
Q: My elderly grandparents have been convinced by family friends to give them their estate. What can I do?

My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.

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