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Oregon Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: If an investment account has the estate of the owner as the TOD beneficiary, will probate be avoided?
Theressa Hollis
Theressa Hollis
answered on May 25, 2022

No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.

If you wish to avoid probate you can name your beneficiaries...
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1 Answer | Asked in Estate Planning and Family Law for Oregon on
Q: My bother passed away in Boston Mass. I talked with the funeral home and they said his wife makes the choices on the

She is mentally unstable can another family member change her decision

Theressa Hollis
Theressa Hollis
answered on May 25, 2022

I'm very sorry for your loss. Your question didn't completely come through but I'm guessing you're asking on controlling the disposition of your brother's body. Since he died in Massachusetts you should consult an attorney in that state. If his wife is unable to give... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is a mobile home on rented land considered personal property in my Will?

(Rather than real property, when making bequests.)

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2022

Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Oregon on
Q: I just found a check addressed to my mom for a class action suit my mom expired 5/8/2017 the check is dated 7/18/2019

can this check be reissued into her daughter's name? It's for the BP / Arco class action 91$ & 94$

Theressa Hollis
Theressa Hollis
answered on Feb 25, 2022

I recommend that you contact the Payor of each check to ask if they will reissue the checks. It's possible they may want you to file a small estate affidavit if no probate was previously filed.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oregon on
Q: My elderly grandparents have been convinced by family friends to give them their estate. What can I do?

My Grandparents are kind people and have housed a family friend for the past several years. She has convinced them that when they die she should get their house and the estate for nothing. She has evidently written up a contract that no one else in the family is allowed to see. The impression we... Read more »

Theressa Hollis
Theressa Hollis
answered on Jan 31, 2022

If you believe that your grandparents are being taken advantage of I recommend you contact Adult Protective Services in the county in which they live.

1 Answer | Asked in Estate Planning for Oregon on
Q: My father passed away a month ago. He died intestate. He had a small estate. My sister is keeping everything. How ?

He had a life insurance policy, a savings account and checking. She is on checking account. She was not on savings and beneficiary of insurance is deceased for 20 years our mother. Can't get a lawyer to return call. How can she do this. Avoid probate. I have called 7 lawyers no one returns call.

Theressa Hollis
Theressa Hollis
answered on Dec 10, 2021

I'm very sorry for your loss. It's possible that your sister is keeping everything because she was a joint owner or payable-on-death beneficiary on your father's bank accounts. It's also possible that your father changed his life insurance beneficiary before his death and could... Read more »

1 Answer | Asked in Civil Litigation and Estate Planning for Oregon on
Q: Filing a small estate affidavit in Oregon while being an convicted felon

Hello, my good friend of mine recently passed away. She had an will (notarized) saying that I was sole beneficiary to her whole estate no one else. She had no living relatives or family members. I was reading the paper work for the small estate affidavit saying that no convicted felon can file. I... Read more »

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2021

If you are a convicted felon Oregon law does not allow you to file a Small Estate Affidavit. I recommend that you have someone else file it. Possible options are someone who is named as the alternate Personal Representative, an intestate heir (immediate family to the decedent) or a creditor... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oregon on
Q: If a person gives you power of attorney to take possession of belongings can they take back the belongings later?

I was given power of attorney y my ex-boyfriend. I took possession of 3 storage units and paid $1400 to save them from being auctioned. Now he wants to revoke the power of attorney and keep me from accessing the units. Is this legal?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Dec 2, 2021

Yes, a power of attorney can be revoked by the principal at any time. Do take care not to do anything after revocation that could expose you to liability for theft or conversion.

You do have a claim for reimbursement of expenses. Take a look at possibly pursuing that in small claims court...
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1 Answer | Asked in Estate Planning for Oregon on
Q: would like cost range for a straightforward will. non-contested, no probate issue. thanks

Is Samual Friedenberg no longer taking clients?

Theressa Hollis
Theressa Hollis
answered on Nov 29, 2021

The price for a Will varies depending on many factors. My law firm usually includes at least one Power of Attorney and an Advance Directive for medical decisions. The range at my firm is for a simple Will package is generally $1,500 - $2,500.

Sam Friedenberg is an attorney with Nay &...
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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mother recently passed away my father and I are going broke paying bills that were only in her name. What can I do.

They also had a mortgage together no saved money separate and joint bank accounts. No living will and no will in general.

Theressa Hollis
Theressa Hollis
answered on Nov 12, 2021

The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your... Read more »

2 Answers | Asked in Estate Planning for Oregon on
Q: Can I have a life insurance policy for my mom who lives in a nursing home to help pay for funeral expenses?

She lives in a nursing home has Medicare and Medicade but no other assets. I would have a difficult time covering her final expenses I want to purchase life insurance to help cover her final expenses. I have heard about filial responsibility laws and am concerned about this.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Sep 4, 2021

Yes, there is such a thing. However, you I’ll most likely find that the premium is about equal to the death benefit at your mom’s stage in life.

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: How do I file a hearing and what state do I file in ?

My daughter has my mother change her will and put her in charge. Daughter has kept all the assets and ignored the will. My mom had the will made in California where she lived . Before her death she moved to Texas with my daughter where she passed. Which state would I file the hearing in? My mother... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 27, 2021

If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.

2 Answers | Asked in Estate Planning for Oregon on
Q: What should I do to revise the trust and will which was made in Oregon in 10 years ago? I am now living in California.

Should I go to Oregon lawyer or California attorney?

I also have 2 Oregon ll s.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 25, 2021

Any time you move across state lines, you should have your estate plan reviewed by an estate planning attorney in the state in which you now reside. In your case, it sounds like that is California. You should have your estate plan reviewed by a California estate planning attorney. There are... Read more »

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1 Answer | Asked in Estate Planning for Oregon on
Q: Sister passed away in the State of Oregon. Her estate consists basically of a 40 year old mobile home in a park.

She was on SSI and medicaid. She has 3 sons that I believe are homeless with no money and her marriage went through dissolution but failed to finalize in the 80's. Estranged husband also homeless with no funds. I don't have the money for standard probate. I am not an heir obviously.... Read more »

Theressa Hollis
Theressa Hollis
answered on Aug 20, 2021

I am sorry for your loss. It sounds to me like you would be best off if you handed this situation to the State of Oregon Estate Administration Unit (EAU). Because your sister was receiving Medicaid there is a good chance that all of the assets she owned at her death will go back to the State of... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oregon on
Q: HELLO , I AM THE MIDDLE SON OF 3 SONS OF A 96 YEAR OLD WASHINGTON COUNTY , OREGON WOMAN .MY MOTHER IS CURRENTLY IN

....HOSPITAL AWAITING PLACEMENT IN AN ASSISTED LIVING FACILITY . MEDICAID PAPERS HAVE BEEN FILED . AM I, AS A SON LEGALLY REQUIRED TO FOOT THE BILL FOR MY MOTHER'S EXTENDED CARE ?

Theressa Hollis
Theressa Hollis
answered on Aug 9, 2021

If your mother qualifies for Medicaid then this program will be paying for your mother's care facility and prescriptions. In general, the family of a person are not legally responsible to pay that person's bills unless the family member signed a contract with the facility, for example.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Oregon on
Q: What is the best way to transfer a secondary residence from an aging father to their children?

We were looking to do a deed transfer, but I had questions of triggering a capital gains tax, or gift tax. I was advised the recipient will inherit the gift giver's tax basis, thus losing the step up in basis at death that would otherwise have occurred, thus creating in most cases a capital... Read more »

Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Jul 25, 2021

Example: father purchased the property for $50,000 in the 80s. His orignial "tax basis" is $50,000. So that if he sells it for $50,001 he has a gain of $1. Now its 2021 and It is now worth $200,000. The built in gain is $150,000.

If he holds onto the property, either as a...
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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Is a will that is handwritten in Oregon, signed by the testator and notarized valid?

There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.

Vincent J. Bernabei
Vincent J. Bernabei
answered on Jul 12, 2021

It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.

The question is whether there is clear and convincing evidence that the testator intended the...
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1 Answer | Asked in Estate Planning for Oregon on
Q: Am I entitled to see my mom’s legal estate papers that my two sisters had drawn up? I’ve been her live in caretaker

…for years & now neither Mom nor I know what siblings have drawn up & had her sign. How can I compel them to give Mom & I copies-they have refused.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 12, 2021

You are not entitled to copies of your mother's estate planning documents while she is still alive, but your mother is entitled to not only copies but the originals. If she does not know what she signed, then she should demand the originals and read them or have an attorney help her... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Energy, Oil and Gas for Oregon on
Q: Could I Sue my family for not turning over my mother's land and mineral to her children that she inherited after she die

My Grandmother's Mother passed left, which left my grand mother land and mineral. My grandmother passed which My mother then inherited some land and minerals. My mother's brothers and sister decide not to let her children know they inherited land and minerals so the kids never got any... Read more »

Theressa Hollis
Theressa Hollis
answered on Jul 7, 2021

It sounds like you have a complicated question with several moving parts. I recommend you bring in all the information you have and meet with an experienced probate attorney who can let you know your rights in this situation.

1 Answer | Asked in Estate Planning for Oregon on
Q: Will a personal guarantee survive the death of guarantor and can full debt be collected from his estate?
Theressa Hollis
Theressa Hollis
answered on Jun 9, 2021

All valid debts (claims) will be paid through an Oregon probate. The validity of the debt will be evaluated by the Personal Representative. If a claim is disallowed by the Personal Representative the creditor can ask for a hearing and the Probate Judge will determine the validity of the claim.... Read more »

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