Get free answers to your Estate Planning legal questions from lawyers in your area.
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 
The personal representative filed small estate with out including the will, is with holding my inheritance and won't communicate with me or release property left to me.
answered on Aug 7, 2023
You should be able to file the Will with an Amended Small Estate Affidavit. I recommend you hire a probate attorney to assist you with this.
He has been telling me her estate is not settled but I had an investigator find the affadavit where he didn't disclose me as an heir. He has been lying to me and took everything. I am going to hospice and have large medical bills I told him I needed help How do I get my portion of my... View More
answered on Jul 7, 2023
I'm sorry to hear you are having to deal with so much. Is it possible that your mother had signed a Will? Even if the answer is "Yes" you should have been included on the Small Estate Affidavit and received a copy of it in the mail from your brother. I recommend you hire a probate... View More
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?
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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
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.
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... View More
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
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... View More
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
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
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
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
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
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
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
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
Eased and I am disabled
answered on Mar 27, 2023
If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.
Her home is paid off and one adult child lives with her.
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
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
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
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
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
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
answered on Jan 25, 2023
Generally, seven years for fraud. See an attorney, there may be facts that allow more time based on the later discovery of fraud.
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
answered on Nov 28, 2022
It is possible to simply sign a Deed adding your daughters' names to your home. However, in general this is not the best way to accomplish your estate planning. For example, once you add your daughters' names they are now owners of the property along with you. This means that you have... View More
answered on Oct 28, 2022
Probate filings with the Court are usually for more than just household items. If there is no disagreement among the immediate family members (or the people named in the Will to receive the items) then no probate is required.
One child filed affidavit for successor and now wont tell us anything about her plan with estate we think she is trying to get the property for herself
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answered on Oct 3, 2022
One or more of the Children Heirs may want to file suit for Sale For Partition.
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