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Oregon Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing my... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the mortgage. You... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does my wife’s family owe lot rent

My wives father passed recently. Her father owned a mobile home and was the only person on the title after he died with no will. He did not own the land it was on and had a rental contract with the land owner. My wife and her brothers are under the impression that because the title is only in... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

The estate of the deceased father, not the heirs, are responsible for the debt. To the extent that the estate includes property of the deceased father, the property is liable for the debt. This would be all property of the deceased father's, not just the mobile home itself. In Oregon there is a... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Would I be notified if a new executor of stepdad's trust and will was appointed after I was appointed?

stepdad appointed me executor of his trust and will several years ago. He remarried since then and was going to appoint the new wife but our attorney couldn't do it as it was a conflict of interest. Now I'm wondering if stepdad went to a new attorney would I be notified that I am no longer executor?

Nina Whitehurst
Nina Whitehurst answered on Nov 7, 2019

No, you would not necessarily be notified.

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4 Answers | Asked in Estate Planning for Oregon on
Q: Do an unmarried couple need individual revocable living trusts?

We are an unmarried couple and are on the deed of trust "not as tenants by the entirety, but with the rights of suvivorship. The titles to the vehicles have each of our names on them. We each have bank(savings & Checking) accounts with designated beneficiaries up on death. We each have variable... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 7, 2019

It sounds like you have cobbled together an estate plan that handles the first death but not the second death and also guarantees a probate for anything other than those you mentioned. Your plan also does not handle disability. Separate trusts would fix both problems. I do not recommend joint... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I have been asked to forfeit my share of the estate of m daughter's once the sccusations Found incorrect is that all

Or can they give more reasons to make me forfeit and what is a dscouvery hearing Doesn't matter if some of the beneficiaries are homeless

Joanne Reisman
Joanne Reisman answered on Nov 3, 2019

Unfortunately your post doesn't really say what is going on in a manner that anyone can understand so I have no idea what the situation is nor what your related question is.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?

Three years ago next month, my father died. The self claimed executor of his estate contacted me because a cousin told her to. When I asked about his house in Clatsop County, she daid it was being sold and no one knew he had two daughters. She hurried up and held a service. And she herself... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 29, 2019

You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it... Read more »

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2 Answers | Asked in Probate and Estate Planning for Oregon on
Q: Ok so. My mom and her best friend cooked or forged my fathers will at death. My mom was friends with my ex shes a notar.

She notarized the will. After dad died. All of this was coached by my moms best friend. Fast foreward to june or july this year mom get put on hospice. At the meeting with hospice moms best friend says hes not the executor said didnt sign anything. Mom tells me she didn't have him do it and that... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 25, 2019

I'm sorry for your loss. It is important that you meet with a probate attorney to help you evaluate your situation. There are important deadlines in a Will contest case so I encourage you to schedule an appointment as soon as you are able. Be prepared to pay for the attorney's time at his/her... Read more »

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2 Answers | Asked in Estate Planning for Oregon on
Q: Where to file small estate claim?

My father was killed during the scope of his work out of state. My mother has been told that she must open a small estate case in Idaho and not in Oregon where they live. Is this correct?

Joanne Reisman
Joanne Reisman answered on Oct 9, 2019

If your father lived in Oregon at the time of his death and there is property in Oregon that needs to be transferred to heirs or devisees, then Oregon is the right place to file either a small estate's affidavit of a probate. But neither process is required by the law and you mother really needs... Read more »

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3 Answers | Asked in Estate Planning, Tax Law and Probate for Oregon on
Q: Hi, my name is wing I need help for my next steps

Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 24, 2019

Please accept my condolences on the death of your spouse. From your post, it appears you are or may be a beneficiary of a revocable living trust. Your spouse was one of the trustors of the trust, and you may be a trustor also. A trustor is a person who creates a trust. I recommend that you... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Oregon on
Q: My dad died a few years ago and his estate went to his new wife. Now she is dead. My sister is executor and she is dead.

Im next in line house is in calif. What do i do?

Thank you

Nina Whitehurst
Nina Whitehurst answered on Sep 23, 2019

Hire a California probate attorney to help you petition the court to appoint you as executor.

I am licensed in AK, AZ, CA, CO, OR and TN

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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: A court appointment PR is only handling bank funds, and making the family divide personal property, says he'll sell...?

We were issued an outside PR because we could not agree. But our PR is only handling the actual $ he says personal property, computers, rolex's, etc are for us to divide and figure out. IF we cannot deal with personal property between us, he says he will sell everything at an estate sale and give... Read more »

Theressa Hollis
Theressa Hollis answered on Sep 5, 2019

If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask for... Read more »

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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
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
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
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
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
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
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
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
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
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.

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