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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Divorce, Estate Planning and Family Law for Oregon on
Q: How can my mother structure my brother's SNT to avoid funds becoming "marital assets" in the event of his divorce?

My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More

Jason E. Neufeld
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Jason E. Neufeld
answered on Feb 1, 2024

Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Oregon on
Q: I need advice from a Lawyers point of view on a Petition for General Judgement of Final Distributions case.

I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More

Karn Thapar
Karn Thapar
answered on Dec 11, 2023

You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does an Oregon pour-over will have to go through probate if it uses the power of testamentary to create a new trust?

Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More

Theressa Hollis
Theressa Hollis
answered on Dec 4, 2023

Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is it allowed for a beneficiary named in a will to be an executor of that same will?
Theressa Hollis
Theressa Hollis
answered on Oct 18, 2023

Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is it allowed for a beneficiary named in a will to be an executor of that same will?
Karn Thapar
Karn Thapar
answered on Oct 18, 2023

Yes it is allowed and this is quite common. For most families, they generally have a trusted individual or family member serve both roles. As the previous attorney mentioned, please ensure that the will is reviewed by an attorney so that it complies with Oregon law. Additionally, an affidavit... View More

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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Karn Thapar
Karn Thapar
answered on Oct 18, 2023

I second Theressa's analysis. It really depends on how the property is titled and that information can be found in the deed recorded with the county.

I will also add that the ownership in the deed supersedes anything listed in the will. As such, if the property is in fact listed as...
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2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Oregon on
Q: Dad's wife passed. Can he sell jointly held home (Oregon)? Do her adult children from previous marriage get anything?

Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?

Theressa Hollis
Theressa Hollis
answered on Oct 17, 2023

The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate

The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Sep 19, 2023

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

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate

The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More

Karn Thapar
Karn Thapar
answered on Sep 19, 2023

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

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: -My husband passed away on June 29th. He was an independent contractor with a communication company here in Oregon.

He was paid monthly on a contract with a client that he had negotiated with. When I didn't receive his monthly check, I called and the company told me that they stopped paying him upon his death even though they had received payments from his customer. Are they able to just stop paying upon... View More

Theressa Hollis
Theressa Hollis
answered on Sep 8, 2023

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

3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My wife passed away this month. Do I need to go through probate if we have joint accounts in the banks.

The only thing separate is her IRA. We had a will made over 30 years ago.

Karn Thapar
Karn Thapar
answered on Aug 29, 2023

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

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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My wife passed away this month. Do I need to go through probate if we have joint accounts in the banks.

The only thing separate is her IRA. We had a will made over 30 years ago.

Theressa Hollis
Theressa Hollis
answered on Aug 29, 2023

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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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My wife passed away this month. Do I need to go through probate if we have joint accounts in the banks.

The only thing separate is her IRA. We had a will made over 30 years ago.

T. Augustus Claus
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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...
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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
Theressa Hollis
Theressa Hollis
answered on Aug 22, 2023

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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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: Does joint tendency on property on a joint deed apply to a second property owned by just one of the tenants ?
Karn Thapar
Karn Thapar
answered on Aug 22, 2023

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

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1 Answer | Asked in Estate Planning for Oregon on
Q: Can I refuse a life estate?

My father who lives in Oregon, said he has set up his trust gifting me his house and property through a life estate. I live in another state, and have to interest in receiving the home. Can I refuse?

Anthony M. Avery
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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

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Elder Law for Oregon on
Q: I am looking into getting stuff together, like a POA, Trust, Will for my 81 year old mother. Also looking to defer taxes

My sister and I live with mom and we are all on disability. I don't know what all we need to do for all of this and we can't afford and attorney. We need property taxes to keep from going into foreclosure. Any help will be appreciated.

Theressa Hollis
Theressa Hollis
answered on Jun 30, 2023

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...
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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is the trustee obligated to account to beneficiaries for funds held in reserve?

We think the trustee has just taken reserve funds for himself. For example attorney reserve the courts allowed be held. The trustee refuses to send us bank statements for the trust accounts so that we can verify the funds that are supposed to be there are still there. Says he doesn't have to,... View More

Theressa Hollis
Theressa Hollis
answered on Jun 26, 2023

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...
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1 Answer | Asked in Bankruptcy, Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the law around amending revocable trust, adding child to house title or deed?

He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More

Theressa Hollis
Theressa Hollis
answered on Jun 20, 2023

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

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Need attorney for two llc, in OR and CA setting trust to avoid probateDo I need attorney licensed in both state?

Currently one sole llc operated in Portland Or

Another LLC operated in LB Ca as Oregon based foreign status

Need set up trust to own both.

Need to change LB CA from OR foreign Llc operations in CA to CA Llc

To avoid probate

Do I need an attorney licensed for... View More

Karn Thapar
Karn Thapar
answered on Apr 24, 2023

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

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