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Oregon Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Collections and Probate for Oregon on
Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?
Theressa Hollis
Theressa Hollis answered on Mar 17, 2021

It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.

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1 Answer | Asked in Estate Planning for Oregon on
Q: Death benefit was sent under different contract numbers months apart is that legal.?

I received death benefit claim packet from accordia and athene under two different contract numbers not specifying that they were Ira accounts. Then a couple months later I received two more still not specifying they were Ira accounts. Then come to find out after the third that it was all one... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 8, 2021

Athene Annuity sold most of its life insurance business to Accordia in 2013 but continued to administer the business until Accordia took over in 2015. Maybe this was part of the confusion for the IRA you inherited? I'm not entirely sure of your question. I recommend you call the Customer... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Is there anyone that is excluded from being a per rep or trustee to an estate if the named rep declines? (Oregon)

My brother declined to be per rep and trustee to my fathers estate. Are there any parties that excluded from taking his place?

Theressa Hollis
Theressa Hollis answered on Feb 22, 2021

It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom named the youngest sibling the executor of her will. Can he do what he wants with the property?

There are 3 siblings and the youngest was named executor. She listed a few things that were to go to each of us in her will. I'm curious as to what happens with her real estate as it wasn't mentioned to whom it goes to. She wasn't married at time of death. Does the executor get to... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 11, 2021

A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.

If your mother owned the real estate in her individual...
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2 Answers | Asked in Estate Planning for Oregon on
Q: If my husband had a POA prior to us being married, is that persona still his POA?

My mother in law is my husbands POA and it was filed several years ago. Since it was filed we have married, who has the legal rights her or me?

Theressa Hollis
Theressa Hollis answered on Feb 5, 2021

Powers of Attorney don't get "filed" in Oregon. Assuming the Power of Attorney has no expiration date, it remains in effect until the Principal revokes it or dies. Marrying does not automatically give you fiduciary authority over your husband.

If your husband would like to...
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1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... Read more »

Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Oregon on
Q: Q: I am 63, and downsized to a rental when my husband passed. I want to relocate to FL and plan to purchase a single

family home. I plan to put between $60k-$100k towards a down payment but i want it in my two young adult children name. In other words, I will be a tenant to them... They will be the ones to benefit tax write offs... which is okey with me, also if something has to happen to me, that eliminates... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 27, 2021

I am only licensed to practice in Oregon so I can't speak to Florida law but in general it is better for your children to inherit your property because they receive a stepped-up basis. This means when they inherit your house after your death their new basis in the property is your... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: Is an Affidavit of trust the same as a Cetificate of trust?

Dad passed away and he had a trust. He and mom were in memory care for years and went through all of their savings and were on Medicaid their last years. All they have left now is about $1,400 in a checking account. I am trustee of their trust but the bank won't let me take the money without... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2021

Yes, they are the same but your parents' Affidavit of Trust is no longer accurate because you are the Trustee. I agree that paying for an hour of time from an attorney will solve your problem, however, be sure to speak with an attorney who understand Medicaid Estate Recovery.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I have a simple will and have named an executor. How do I make sure small household items go to specific people?

I was told that some states require you to itemize even small things in the actual will, otherwise they will all be sold & money distributed. Some things are sentimental rather than valuable. In Oregon, is it sufficient to just provide the executor with a list of items & who they should... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2021

You don't have to rewrite your will every time, but you do need to write it once to refer to a personal property memorandum that you can then add to or change at any time and from time to time. Here is the statute:

https://www.oregonlaws.org/ors/112.260

1 Answer | Asked in Estate Planning for Oregon on
Q: does the wife get the house her husband owned before marriage if he passes away by law, or can he leave it to children

this is in Oregon. My senior dad married someone who wants a lot of things...formerly my brother and I were to inherit the family home of some 40 years, now he says by law she owns half and she will sell it to buy herself a triple wide trailer if he dies. He claims 50/50 laws in Oregon make it so,... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 28, 2020

If your father added his wife to the Deed then the property is likely to go to her at his death. If he did not add her to the Deed then the property will go according to his Will. However, if he leaves his wife out completely then she has a right to claim a percentage of his estate (5% - 33%... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: if you have a will you move to Oregon does that the will stand?

Step mom took dad off the house title can she do that because the will that once my stepmom is gone it's supposed to be split 6 ways she still alive but she put her daughter's name the house

Theressa Hollis
Theressa Hollis answered on Oct 26, 2020

Your Will is valid in any state as long as your Will is valid in the state in which you signed it. I am unable to answer your question about your father and step-mother's house because I do not have enough information. I recommend you meet with a probate attorney for the answer to that question.

1 Answer | Asked in Estate Planning and Land Use & Zoning for Oregon on
Q: when was the LUDO established in Douglas county Oregon
Theressa Hollis
Theressa Hollis answered on Oct 26, 2020

Do you mean the Land Use and Development Ordinance? Maybe this link will assist you? https://www.co.douglas.or.us/planning/tbl_cont.asp

Not sure if you also have an estate planning question?

1 Answer | Asked in Estate Planning for Oregon on
Q: I was suppose to receive $50,000 in a will and never received it.
Theressa Hollis
Theressa Hollis answered on Oct 21, 2020

I recommend you hire a probate attorney to look into the matter for you. You have not provided enough information to be able to answer your question. It's possible that there wasn't enough left after payment of the creditors and probate costs. Or that there were no assets and no... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: I would like to make an amendment to a death certificate, it is incorrect.
Theressa Hollis
Theressa Hollis answered on Oct 21, 2020

For Oregon Death Certificates corrections for missing data or typographical errors for personal information on the death record are usually submitted by the funeral director or the informant listed on the death record in the year following date of death. The certifying physician (or medical... Read more »

1 Answer | Asked in Estate Planning for Oregon on
Q: If there is no will and I was a friend of the deceased can I be executor and a creditor to the estate ,

Or is that a conflict of Intereat

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

A creditor can be appointed Personal Representative but they would first have to send notice to the people who have priority according to Oregon law. Usually this is the immediate family. An experienced probate attorney can help you with this.

2 Answers | Asked in Estate Planning for Oregon on
Q: In Oregon, can I be a personal representative/administrator of an estate, and a creditor?
Theressa Hollis
Theressa Hollis answered on Sep 14, 2020

Yes. If the deceased person has a valid Will then the person named in the Will as the Personal Representative (executor) has priority to act. Here is the priority statute for Oregon: https://www.oregonlaws.org/ors/113.085

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1 Answer | Asked in Estate Planning for Oregon on
Q: Does living right at my property mean that my father's beneficiaries have no right to ask the person to leave
Theressa Hollis
Theressa Hollis answered on Aug 31, 2020

I'm sorry, I'm not sure what you are asking. It would be helpful to know who owns the property. Is the person you want to leave a tenant on the property? Is there any written rental agreement?

When you say "living right" do you mean that the person has a Life Estate?...
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1 Answer | Asked in Estate Planning for Oregon on
Q: Filing a small estate affidavit before being served partition suit from divorced, dad for deceased share of joint title

Title in both names, divorce papers left house to dad, deed was never signed over, mom lived in the house until she died, I rented the house from him after her death, he wants to sell but as her heir they need my signature. No will, no probate ever started. Do I need to file before he does

Theressa Hollis
Theressa Hollis answered on Aug 31, 2020

The divorce Judgment should be enough to transfer the house. Have your father give the title company a signed copy of his final divorce papers.

1 Answer | Asked in Estate Planning for Oregon on
Q: My family business is set up as an estate with each of us owning a percentage. If one of the persons want to take their

Percentage out of the family business And put it in their own name, what does this mean.

Theressa Hollis
Theressa Hollis answered on Aug 14, 2020

An attorney would need more information regarding your family business to answer this question. What type of entity is the business - LLC, sole proprietorship, etc? An experienced attorney will want to review all relevant ownership documents and get more details in order to let you know if what... Read more »

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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