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Oregon Estate Planning Questions & Answers
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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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.

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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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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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

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is it legal for a conservator to have there name added to the conservatees bank account and upon conservatees death the

There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can I filed a small estate affidavit as an heir if I am not inheriting anything listed within the affidavit?

My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... View More

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2023

In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... View More

1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... View More

1 Answer | Asked in Estate Planning, Health Care Law and Family Law for Oregon on
Q: Can a nurse practitioner declare a person incompetent or only an MD. State of Oregon.
Theressa Hollis
Theressa Hollis
answered on Mar 13, 2023

For purposes of the Oregon Advance Directive a health care provider determines when the person who signed the form is incapable. “Health care provider” means a person licensed, certified or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I'm an only child, but dad claims no descendants in his will and he sadly passed away. Do I have any rights?

Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my... View More

Theressa Hollis
Theressa Hollis
answered on Mar 8, 2023

Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... View More

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Karn Thapar
Karn Thapar
answered on Dec 28, 2022

Hello, any attorney should be able to assist you with this matter. Many times individuals pass without a will, in which case an experienced probate attorney can assist you with the process. Probate is the court process whereby the family member's assets pass to the family. Please feel free... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

Any experienced probate attorney should be able to help you. You will need an attorney licensed in the state where your family member died and/or owned property. If you don't have a Will then usually the closest family member can handle the estate.

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