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Oregon Estate Planning Questions & Answers

1 Answer | Asked in Estate Planning for Oregon on

Q: How do I legally inherit firearms from my grandpa in Oregon? Guns are not subject to NFA. Basic hunting rifles, handgun

I am legally able to own firearms and have several myself that I purchased and went through a background check

Theressa Hollis answered on Aug 7, 2019

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: Mom died 4 children as equal beneficiaries. One son executor. Do the others children have legal access to attorney.

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.

Theressa Hollis answered on Jul 23, 2019

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: my father's estate has been hijacked. he was in oregon i am in washington

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 »

Joanne Reisman answered on Jul 23, 2019

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: Do I need to have an attorney once probate is started and all heirs have been contacted?

Joanne Reisman answered on Jul 20, 2019

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 »

2 Answers | Asked in Estate Planning for Oregon on

Q: If my father passed away in Oregon, do I have to use a lawyer in that state?

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 »

Theressa Hollis answered on Jul 18, 2019

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 »

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2 Answers | Asked in Estate Planning for Oregon on

Q: Do you have a template to create a WILL and POAs for the State of Oregon?

I am returning to the US from Vancouver, British Columbia. We had wills and POAs created in Canada, but need to create new ones now that we are back in the states.

Many Thanks,

Joanne Reisman answered on Jul 9, 2019

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 »

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1 Answer | Asked in Estate Planning and Probate for Oregon on

Q: on what grounds does an executor have the right to block off an estate from heirs in probate that is being neglected?

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 »

Joanne Reisman answered on Jul 2, 2019

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.

1 Answer | Asked in Estate Planning for Oregon on

Q: when I pass away my wishes are to be cremated I don't want a family member to receive my remains or any of my

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 »

Joanne Reisman answered on Jul 1, 2019

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 »

1 Answer | Asked in Contracts, Estate Planning and Landlord - Tenant for Oregon on

Q: What are my right for my rental agreement living in Oregon?

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?

Bruce Alexander Minnick answered on Jun 20, 2019

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.

2 Answers | Asked in Estate Planning for Oregon on

Q: My uncle has property in Oregon it will be mine after his death but he hasn’t put it in the trust...he hates dealing

things about the trust he has just told me where the property is...he has no children will there be a problem when the time comes?

Theressa Hollis answered on Jun 14, 2019

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 »

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2 Answers | Asked in Estate Planning for Oregon on

Q: I was given property damage check from home owner insurance and it’s wrote to the estate of my father,

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 »

Joanne Reisman answered on Jun 6, 2019

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.

Read ORS 114.545...
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2 Answers | Asked in Estate Planning for Oregon on

Q: My grandpa just died in Oregon on May 22, 2019. He has no will, no estate, and no assets. What steps need to be taken?

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.

Joanne Reisman answered on Jun 3, 2019

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 »

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1 Answer | Asked in Estate Planning and Family Law for Oregon on

Q: I have a question about will distribution.

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?

Greg Freeze answered on Mar 1, 2019

Let's say that you have two siblings, for a total of three of you. Let's say the estate is worth $90,000 after all creditors have been paid. Without the loan, you would have each received $30,000.

But, let's say that you owed $6,000 to your father. You've said the will is clear about you...
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1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on

Q: why would the opposing party not have to have accounting before the estate is out of trial?

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 »

Vincent J. Bernabei answered on Feb 6, 2019

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on

Q: Does a widow in Oregon have survivorship rights even though only husbands name is on deed to house?

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.

Vincent J. Bernabei answered on Dec 3, 2018

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: In Oregon, what is the soonest I can expect my inheritance after a small estate affidavit is filed?

There is a will (decedent died testate).

Joanne Reisman answered on Sep 10, 2018

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: My Father is 87 and my mother has already passed. he has about $800 thousand dollars. His money is approx

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?

Joanne Reisman answered on Sep 9, 2018

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 »

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Oregon on

Q: My sister is executor we are both legal heirs,but she let a friend move in he won't leave

She wouldn't evict him said it was too much $ to do so.He is suing over the cost of work he has done.No records of labor,materials.It has been over a year,I need the money-what can I do?

Gregory L Abbott answered on Aug 23, 2018

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: In Oregon, the deceased transferred real property into Trust, can not find Trust doc there is a Will w/single benefactor

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 »

Joanne Reisman answered on Jul 30, 2018

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 »

1 Answer | Asked in Estate Planning for Oregon on

Q: In my will am I allowed to request for my body to not be viewed? Then cremated and disposed of without anyone getting it

Michael P Vanderhoff answered on Jul 20, 2018

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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