If your grandfather has passed away a probate or at least a small estate affidavit might be necessary for his estate. I recommend that the person named in his Will as Personal Representative contact a probate attorney. If he did not have a Will then his spouse or his children should contact a...Read more »
We feel he spent a lot of her money. He wouldn't give us bank statements. Can we legally get the information from the attorney the executor hired? The executor controls the bank acct. He moved money and spent money after her death. Not on bills.
In Oregon it's the Personal Representative (Executor in other states) who hires the attorney. That attorney is only able to give legal advice to the PR. Keep in mind that the PR has no authority until he/she is appointed by the Probate Court. If you have questions about the actions of the PR I...Read more »
the person gifted me a portion of what i was told i would receive. her attorney included a statement with the check that says if i cash or deposit the check she will no longer be obligated to give me any more of the estates funds. can she really do that? i need help finding an attorney near them... Read more »
By all means contact an Oregon Attorney familiar with Probate Law and get some advice. I would comment more specifically but from your description it isn't clear what is going on. An Attorney you contact directly will be able to ask more questions and figure this out. What you are describing...Read more »
Oregon Probate is a series of steps laid out in the Oregon Statutes. It is more complex then filing to open it and sending notices to the heirs. The appointed Personal Representative should be doing the day to day tasks but the Attorney calendars that tasks and deadlines and makes sure that the...Read more »
I am working with an attorney in Oregon who is making things very difficult. My dad died with a will, this attorney is making me call her before I write a check to pay any bill. Also wants her office address on the checks and bank account so that all statements go to her. Just seems like a lot of... Read more »
I'm sorry for your loss. It sounds like your father's probate is in Oregon so you need to have an attorney who is licensed in Oregon. However, you get to choose who you hire. If you and your current attorney are not working well together then you have every right to choose someone else to...Read more »
You should not post your personal information on a webpage. You also should not be doing your own estate planning documents. There is so much that could go wrong. The Will and POA you did in Canada may actually be fine to continue to rely on even though you now live back in the US. But to be...Read more »
executor is neglecting property, large trash piles near a watershed. altering property with out permits. has taped off the property after communication with his attorney about the state of affairs of the property after walking it with a professional third party non biased witness. neglected to... Read more »
First of all you need to hire your own Attorney if you have issues with the current executor. Most likely your Attorney will advise you to petition the court to remove the executor and appoint someone else but that really depends on the facts. Get an Attorney to advise you.
possessions such as my bank account my car I own a mobile home. my life long partner carol has her name on all my property as well as my name on all her property. should anything happen to us I would like her daughter angie to acquire all items listed above. how do I go about completing that task... Read more »
You need to consult with an Attorney and design a comprehensive estate plan that will carry out your wishes. There is a form that can be drafted with instructions regarding the disposition of your remains and helps to have a prepaid funeral plan. A competent estate planning Attorney can help you...Read more »
I have lived at my place almost a year. My lease ends in August. My landlord plans to sell the place. She hasn’t given official notice. Legally she needs to give 30 days notice. What rights do I have or benefits can I receive if she doesn’t give 30 days notice?
Most lawyers do not like to answer this kind of "what if" question because there are unknown facts involved and because there are too many possibilities that could happen--depending on the unknown facts.
Your Uncle should consider speaking to an estate planning attorney about signing a Will. It is easier and less expensive than a Trust (although it will require a probate at his death). One alternative the attorney will discuss with your Uncle is a Payable on Death Deed. This may be a viable...Read more »
I have filed Small estate affidavit and am personal rep. in lane county,Oregon , and I can’t get banks to deposit the check for me. I know that court will not provide letter of appointment or Administration or executorship or Authority or Domiciliary or an order Probating will and Appointing... Read more »
You should have requested a court certified copy of the small estate affidavit that you filed. Get at least two court certified copies. This serves the same purpose as a letter of administration. You take this with you and show it to whoever you are dealing with.
Is probate still required to finalize his death and get the Social security death benefit? Even though he has no estate, and no assets? What exactly are the steps that have to be taken besides paying for his cremation, which is already done.
No, there is no requirement to file a probate in Oregon. There is a website where you can apply for the small social security death benefit and it tells you who qualifies to apply. If it turns out that you find assets that need to be dealt with, you may have to consult with an Attorney about how...Read more »
I'm the executor of my father's estate.The will states that I have a loan balance that's to be included as an asset of the estate and it's to be included in the distributive share of me,his son.Does this mean it's to be distributed to the other heirs?
The opposing party is not coming forward with accounting for unknown reasons and has also borrowed money from the estate without approval from the judge. The opposing party also had depleted the estate account and had to open another one giving an updated inventory and is somehow blaming their... Read more »
This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first...Read more »
They were married 9 years, lived together 2 years before that. She has lived in home with him from date of purchase. His estate is very small. Husband left no will. She has to go through probate if no survivorship/common law/Tenant by entirety.
If only the deceased spouse's name is on the deed to the home, the surviving spouse must initiate a court probate proceeding to have ownership of the home transferred. The surviving spouse has certain claims to a deceased spouse's estate, but the deceased spouse's estate will have to go through...Read more »
There isn't really a way to pin point this. A small estate's affidavit is not a probate so there are no strict deadlines like in a probate nor any need for court approval before a distribution is made. That said, there can be problems if the funds are distributed before one is absolutely sure that...Read more »
50% in Vanguard IRA and 50% in C.D.'s . He has 4 children that will inherit in equal 25% shares. how should we handle the beneficiaries. should we just list all four of us in equal 25% splits on vanguard and the C.D's?
This is really your father's business. I realize at 87 he probably could use some assistance with his affairs but I don't see any reason why he shouldn't seek the advice of an experienced estate planning Attorney who can assist him and this will eliminate any possible issues between you and your...Read more »
If your sister is the court appointed Personal Representative of someone's probate estate, and it is in Oregon, then if it has been a year+ since filing of the probate, it likely is nearing a conclusion unless there are serious complications. One such complication may be if the estate is being...Read more »
A neighbor who was not married and had no children left a will naming me as sole benefactor and personal rep of her estate. I was also health care rep, and durable POA. The will was signed in 2008. I have found that the real property is in the name of a living trust with property transferred in... Read more »
You don't put a problem this complicated on Justia and shop for free advice. Just not going to happen. You are going to have to pay an Attorney to help you sort this out. I suspect that the answer lies somewhere in the Uniform Trust Code that provides a way to go to court when a Trust is not...Read more »
Yes. Under Oregon law any person of sound mind who is age 18 or older may direct the disposition of his or her own remains, either by completion of a signed instrument or by prearrangement with any licensed funeral service practitioner. ORS 97.130(1). Putting these instructions in your Will is...Read more »
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