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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
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2 Answers | Asked in Estate Planning for Oregon on
Q: Do I have to itemize assets to go into a pour over will in oregon
Theressa Hollis
Theressa Hollis answered on Jun 24, 2020

You will use a Pourover Will when someone who signed a Trust dies leaving an asset in their name alone. You'll need to start a probate with the Court and file the Pourover Will. As part of the probate you will file an Inventory that lists only the assets that are not titled in the Trust, not... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: My father disinherited me on his will, he was a bad alcoholic, can I contest the will based on his irrationality?

His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

If your father did not have sufficient mental capacity to make a will when he created the one that disinherited you, or if he had been subjected to undue influence at that time, and if you can prove those things, then you might be able to have the will set aside. If that will is set aside, then... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Mom died in CA. I live in OR and my sister lives in Canada. We are beneficiaries of her mutual funds. Penalties?

Mom only has a Morgan Stanley mutual finds acct. Will I owe taxes on my 1/2? How will sister in Canada be affected?

Theressa Hollis
Theressa Hollis answered on Jun 9, 2020

You should contact a CPA with your tax question. Your sister should speak to a CPA in Canada.

You both may also need a CPA or probate attorney in CA to help you determine whether or not your mother has a taxable estate.

If you are named by your mother as beneficiaries then no...
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1 Answer | Asked in Estate Planning for Oregon on
Q: My husband has joint custody with his ex. Their parental plan is the kids see him on the weekend and stays with his

Mother durning the week. His son is now telling his mother and us that he wants to live with us. His dad will ask his ex that they need to change the plan with the court so that he dosent get in trouble but she refusses to Chang it. How do we go about it. Seeing him upset and disappointed because... Read more »

Theressa Hollis
Theressa Hollis answered on May 26, 2020

Unfortunately, this question is in the Estate Planning category. If you choose Family Law you will receive more helpful answers. Good luck!

1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... Read more »

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... Read more »

Theressa Hollis
Theressa Hollis answered on May 6, 2020

Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Should I let my mom's 100 or so junk vehicles go through probate or should they be re-titled to her Trust?

My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.

Aaron Epling
Aaron Epling answered on May 4, 2020

You could put them in her trust. You could also put them in your name now. It just depends which is easier; especially when you consider that each title fee will be charged 100 times. I suggest doing something now rather than letting them go through probate.

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3 Answers | Asked in Estate Planning and Banking for Oregon on
Q: I live in Oregon. My husband died in August 2019 and has recieved a check. How do I cash it?

He had no estate and I am his only survivor and beneficiary.

Nina Whitehurst
Nina Whitehurst answered on Apr 26, 2020

Please repost your question with the amount of the check. It makes a difference.

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2 Answers | Asked in Estate Planning for Oregon on
Q: Can I stipulate in my will that the house, which is in my name, cannot be sold, but husband can continue to live there?

There is no mortgage. I want the monies from the sale of the house to go to our children, not husband.

Nina Whitehurst
Nina Whitehurst answered on Mar 22, 2020

There is a way to accomplish this but I would not recommend a will. A revocable living trust would be better. You can then reserve a lifetime right of occupancy for your husband with the remainder to your children. This is an oversimplification, however, as there are many issues to consider. An... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: I & my husband have put our home into a revocable living trust for our 2 adult children. We have so little income that

We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?

Theressa Hollis
Theressa Hollis answered on Mar 18, 2020

You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.

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2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Q: How do I setup a conservatorship?

I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 17, 2020

Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oregon on
Q: I'm wanting to buy property and have reached the seller but his sister who is also on the deed is mia

The sister has not been able to be reached in years

Joanne Reisman
Joanne Reisman answered on Mar 1, 2020

You are not going to be able to buy the property until the sister's interest is resolved.

2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Can a house be held in a Supplemental Needs Trust? I though that a house is not defined as a supplemental need.
Nina Whitehurst
Nina Whitehurst answered on Mar 1, 2020

Yes a house can be held in a supplemental needs trust but you should discuss all of your options with an experienced special needs attorney. That might not always be the best idea.

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2 Answers | Asked in Estate Planning, Real Estate Law and Social Security for Oregon on
Q: Can a house that is in a Supplemental Needs Trust be transferred to a private party?
Theressa Hollis
Theressa Hollis answered on Feb 26, 2020

Supplemental Needs Trusts (also called Special Needs Trusts) are a very specialized area of law. I strongly recommend that you meet with an experienced planning attorney to assist you. It is impossible to answer your question without a lot more information.

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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... 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... 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... Read more »

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