From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However,... View More

Probate is not always necessary. If your deceased mother owned bank accounts or property with your sister, the surviving co-owner often will then own that property automatically. If your sister was named as the payable on death beneficiary of the bank account, probate probably is not be required.... View More

I'm very sorry for your loss. Your instinct to view the contract is a good one. I can't imagine that their "internal decision" will control what happens with the remainder of the contract payments. You may need to file a probate to collect the remainder of the contract. I... View More

The answer to the question of whether or not your wife's estate needs to go through probate depends on which assets she left behind. If the only assets that she left behind are the joint bank accounts and an IRA, then you may not need to go through probate. This is if the bank accounts list... View More

I am sorry for your loss. If she had named a beneficiary on her IRA and all of her other accounts were joint with you then you should not need a probate (assuming she didn't own any property in her name alone). Wait a couple of months after her death and then you can present her Death... View More

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answered on Aug 29, 2023

In Oregon, if you and your late wife held joint accounts with rights of survivorship, these accounts typically pass directly to you as the surviving account holder. They usually don't go through probate because ownership transfers automatically.

Regarding the IRA, if your late wife... View More

Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More

No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.

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answered on Jul 3, 2023

You can disclaim a conveyance. A recorded disclaimer in the property's County will work. But you might want to read the Trust first as it might have other provisions. Also your Father might amend or revoke the Trust. You need to wait until the Life Estate vests before disclaiming it.... View More

Go to this website and follow the steps to help your mother defer her Oregon property taxes:

https://www.oregon.gov/dor/programs/property/pages/senior-and-disabled-property-tax-deferral-program.aspx

If your mother lives in Multnomah County she may be eligible for free legal... View More

You are correct. The trustee must account for how all of the trust monies are spent. I recommend contacting the trustee's attorney instead of the trustee directly.

You are also correct that it's the Court case that is closed, not the trust. The trust is not terminated until all... View More

I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More

If you are residing in California, then you should be fine with just a California licensed attorney. Each of the membership interests of your LLCs will be assets that will be held in the name of your trust. Although it may be preferable to find an attorney licensed in both states in case novel... View More

Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... View More

In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... View More

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... View More

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... View More

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... View More

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... View More

Any experienced probate attorney should be able to help you. You will need an attorney licensed in the state where your family member died and/or owned property. If you don't have a Will then usually the closest family member can handle the estate.