Oregon Estate Planning Questions & Answers

Q: I have a question about will distribution.

1 Answer | Asked in Estate Planning and Family Law for Oregon on
Answered on Mar 1, 2019
Greg Freeze's answer
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 paying back the loan. One way of looking at it is that the estate is worth $96,000. You each get $32,000, but part of that is funny money. But, you will need to pay your siblings for the note, out...

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

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon on
Answered on Feb 6, 2019
Vincent J. Bernabei's answer
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 spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving...

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

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Answered on Dec 3, 2018
Vincent J. Bernabei's answer
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 probate. If the deceased spouse had no will, and the deceased spouse has no surviving children from other relationships, the surviving spouse should receive the entire estate of the deceased spouse...

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

1 Answer | Asked in Estate Planning for Oregon on
Answered on Sep 10, 2018
Joanne Reisman's answer
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 there are no debts that need to be paid first. Keep in mind that the time limits for creditor's to object only applies to creditors that have been identified and notified. So if a creditor is later...

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

1 Answer | Asked in Estate Planning for Oregon on
Answered on Sep 9, 2018
Joanne Reisman's answer
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 siblings as he will be getting independent advice from his Attorney. What you can do to assist is help your father get the forms from his various financial accounts that he will need to designate his...

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

1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Oregon on
Answered on Aug 23, 2018
Gregory L Abbott's answer
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 sued, such as you alluded to. Regardless, if he is living in an estate-owned house, then the estate is entitled to collect reasonable rent. If it is not being paid, and the Personal Representative is...

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

1 Answer | Asked in Estate Planning for Oregon on
Answered on Jul 30, 2018
Joanne Reisman's answer
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 functioning as it was intended to and an action called a Quiet Title Action which will settle who owns the property. The problem you will run into if you don't clear this up through some type of court...

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

1 Answer | Asked in Estate Planning for Oregon on
Answered on Jul 20, 2018
Michael P Vanderhoff's answer
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 permissible, including whether or not you want your body viewed.

Q: Would I inherit my husband's rental properties (purchased via 1031 exchange after we married) if he expires?

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Oregon on
Answered on Jul 20, 2018
Michael P Vanderhoff's answer
Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out of your spouses Will, you do have a right to a spouse's elective share, which would give you a percentage of the estate (see ORS 114.600–114.725). However, it is highly recommended you and your spouse avoid the elective...

Q: How to sign and notarize medical power of attorney forms when principal and agent are not in the same state?

1 Answer | Asked in Estate Planning for Oregon on
Answered on Jul 16, 2018
Joanne Reisman's answer
First of all, Oregon uses and advanced directive. I would seem that the person giving this medical authority is in Vermont and probably subject to Vermont's laws. So there may be some law in Vermont you need to read up on that controls how Vermont's form needs to be executed. I suggest you check with a Vermont based Attorney so you are sure you have the right form and you are executing it correctly.

Generally speaking it is not necessary to have the principle and the agent in the...

Q: Can money be garnished from my trust fund inheritance check when I cash it? If I owe student loan money?

1 Answer | Asked in Estate Planning, Collections and Elder Law for Oregon on
Answered on Jun 29, 2018
Joanne Reisman's answer
To do a garnishment a creditor first has to have a judgment from the court. Then they have to serve garnishment papers on someone who has your property or money. So if you go somewhere to cash a check it is unlikely that your creditor would be aware of you doing this in time to serve garnishment papers on the person who is cashing your check.

The fact that you owe student loans means you have a debt and the debt has special characteristics being that it is a student loan. Whoever is...

Q: When purchasing land of deceased parents from son with power of attorney, what documents are required?

1 Answer | Asked in Real Estate Law and Estate Planning for Oregon on
Answered on Apr 9, 2018
Joanne Reisman's answer
I'm afraid that the information you have given doesn't answer all the questions an attorney will need to ask to figure this out. What I can tell you is that a Power of Attorney is void as to the person who gave that power but is now dead. Also a Power of Attorney may be void as to a person that gave the power but is now incapacitated, ie has dementia, unless the Power of Attorney specifically states that it is a Durable Power of Attorney which means that it is intended to continue to be...

Q: can i report my fathers truck stolen if my sibling has taken it and refuses to bring it back until will finalized?

1 Answer | Asked in Family Law, Estate Planning and Probate for Oregon on
Answered on Mar 21, 2018
Joanne Reisman's answer
Assuming that a probate has been filed and your sister was appointed as executor, she would have the right to secure all assets of the estate while any issues are being resolved. What you need to understand is that just because your dad's will expressed that the truck be paid off and given to your little brother doesn't mean that this is what will happen. Sometimes there are expenses that need to be paid that mean that the property of the estate has to be sold to pay the expenses. Sometimes...

Q: My husband inherited piece of rural property with known encroachment and building was to be torn down at buyer expense.

2 Answers | Asked in Estate Planning, Land Use & Zoning and Real Estate Law for Oregon on
Answered on Feb 2, 2018
Joanne Reisman's answer
Your post is confusing because you talk about inheriting property then switch to talking about something being torn down at the "buyers" expense. So somehow there are two pieces of property and a Well on one property and the adjacent property has "well rights" of some sort. Not sure what the county wants you to do but I am guessing that you want to sell some parcel of property that has a "well rights" issue and the county wants that resolved. All I am going to throw out here is have you...

Q: Can we have our daughter legally inherit our home w/O going to an actual attorney… like get a legal form witnessed

2 Answers | Asked in Estate Planning for Oregon on
Answered on Jan 30, 2018
Kenneth V Zichi's answer
Let me ask this question another way: Can I have my appendix removed without going to an actual surgeon ... like get a knife and have my buddy do it for me?

Short answer: you CAN do this.

Longer answer: Do you really want to risk it? The cost of a professional estate plan (which will include more than just dealing with one piece of property) is far less than you might fear, and getting things done right matters. I have seen WAY more times when someone tried to avoid legal fees...

Q: Can my accountant “gift” assets from my portion of a family LLC to other members without my written consent?

1 Answer | Asked in Estate Planning and Business Law for Oregon on
Answered on Jan 28, 2018
Joanne Reisman's answer
You are describing a complex situation that has written documents that need to be reviewed before anyone can answer your question. There are also potential tax issues that may require the expertise of a tax specialist. It just isn't realistic to post a couple of sentences on a website for this type of problem and expect to get sound legal advice. I do understand that you are focused on the issue of what you did and didn't give permission for, but there could be other legal issues that need...

Q: what happens when a bequest was sold prior to owners death and a new will was never made?

1 Answer | Asked in Estate Planning for Oregon on
Answered on Jan 12, 2018
Kenneth V Zichi's answer
The intent may not be so 'clear' as you think. If he left his house to you and/or your father, but before he died he sold it, then the bequest 'fails' and you get nothing. The assumption is he would have changed the will if he intended to leave you SOMETHING but he needed to sell that house for some reason. Same thing with vehicles, art or any other valuable asset.

If the deceased sells it during his lifetime, the mention of it in the will means nothing. EVEN if he sells it, and the...

Q: I would like to ensure that my daughter's father cannot get custody if I die. How do I ensure this will not happen?

1 Answer | Asked in Estate Planning, Family Law and Child Custody for Oregon on
Answered on Jan 11, 2018
Joanne Reisman's answer
First of all you need to make sure that you do have legal custody as ordered by a court. Your summary above implies that you do but I am not 100% sure.

Second you need to set up an estate plan that plans for this contingency. As the biological parent the father may have better rights to take over parenting your daughter if you die but you can do your best to make a different outcome. To do this you need to talk to an estate planning attorney, preferably one who also has a very good...

Q: How do I establish an estate for my mother? She died in 2005.

2 Answers | Asked in Elder Law and Estate Planning for Oregon on
Answered on Jan 9, 2018
Joanne Reisman's answer
If there is property of you mother's that has never been administered it is not too late to contact an attorney and see what if any steps need to be taken to finish administering her property. However, doing a formal legal proceeding such as probate is not required. It is only necessary if there is property that you need to deal with and you can't deal with it because the person holding the property wants a court order before they will let you deal with the property.

Q: Is compensation due to beneficiaries if equipment is actively being worked on job sites and earning money?

1 Answer | Asked in Estate Planning and Real Estate Law for Oregon on
Answered on Jan 5, 2018
Joanne Reisman's answer
You are going to have to go talk to an attorney to sort this out. It is quite possible that not all property is subject to the Will and the Trust. Just because someone dies with a Will and a Trust doesn't mean that all their property is going to be governed by the terms of the Will and the Trust. If property was supposed to go to someone and it hasn't, then someone needs to step in and administer the estate.

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