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We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..
answered on Jul 14, 2020
If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.
If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his... View More 
answered on Jun 24, 2020
You will use a Pourover Will when someone who signed a Trust dies leaving an asset in their name alone. You'll need to start a probate with the Court and file the Pourover Will. As part of the probate you will file an Inventory that lists only the assets that are not titled in the Trust, not... View More
His mind was affected after 40 years of abusing alcohol. My step brother inherited everything, when his mother died of cancer years ago I promised her that I would split everything with her son “my step brother,” who btw had a very off and on relationship with my dad. I believe my step... View More
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answered on Jun 22, 2020
If your father did not have sufficient mental capacity to make a will when he created the one that disinherited you, or if he had been subjected to undue influence at that time, and if you can prove those things, then you might be able to have the will set aside. If that will is set aside, then... View More
Mom only has a Morgan Stanley mutual finds acct. Will I owe taxes on my 1/2? How will sister in Canada be affected?
answered on Jun 9, 2020
You should contact a CPA with your tax question. Your sister should speak to a CPA in Canada.
You both may also need a CPA or probate attorney in CA to help you determine whether or not your mother has a taxable estate.
If you are named by your mother as beneficiaries then no... View More
Mother durning the week. His son is now telling his mother and us that he wants to live with us. His dad will ask his ex that they need to change the plan with the court so that he dosent get in trouble but she refusses to Chang it. How do we go about it. Seeing him upset and disappointed because... View More
answered on May 26, 2020
Unfortunately, this question is in the Estate Planning category. If you choose Family Law you will receive more helpful answers. Good luck!
My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... View More
answered on May 18, 2020
Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney.... View More
I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... View More
answered on May 6, 2020
Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a... View More
My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.
answered on May 4, 2020
You could put them in her trust. You could also put them in your name now. It just depends which is easier; especially when you consider that each title fee will be charged 100 times. I suggest doing something now rather than letting them go through probate.
He had no estate and I am his only survivor and beneficiary.
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answered on Apr 26, 2020
Please repost your question with the amount of the check. It makes a difference.
There is no mortgage. I want the monies from the sale of the house to go to our children, not husband.
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answered on Mar 22, 2020
There is a way to accomplish this but I would not recommend a will. A revocable living trust would be better. You can then reserve a lifetime right of occupancy for your husband with the remainder to your children. This is an oversimplification, however, as there are many issues to consider. An... View More
We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?
answered on Mar 18, 2020
You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.
I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... View More
answered on Mar 17, 2020
Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.
The sister has not been able to be reached in years
answered on Mar 1, 2020
You are not going to be able to buy the property until the sister's interest is resolved.
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answered on Mar 1, 2020
Yes a house can be held in a supplemental needs trust but you should discuss all of your options with an experienced special needs attorney. That might not always be the best idea.
answered on Feb 26, 2020
Supplemental Needs Trusts (also called Special Needs Trusts) are a very specialized area of law. I strongly recommend that you meet with an experienced planning attorney to assist you. It is impossible to answer your question without a lot more information.
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answered on Feb 25, 2020
The owner of the real property can do that by signing and recording a deed, but he or she would be well advised to consult with an attorney before doing so. Lifetime gifts of large value items like a home are fraught with peril. First, the gift might trigger a gift tax. Second, the recipient... View More
answered on Feb 22, 2020
Assuming this is an Oregon Case, there are no do-it-yourself forms for probate. You really need to speak to a lawyer. Also a probate may not be necessary.
if he dies and his estate settles the mortgage of the loan, and I take less of the inheritance to pay back the loan, does my sister get to claim half of the equity of the house we live in? we have paid interset and monthly in this house she has not paid a dime. Also, he is thinking of just selling... View More
answered on Feb 3, 2020
You need to go see a lawyer. You can have all sorts of problems when you are buying a house but the house is held in someone else's name as is the mortgage. It sounds like you need a contract for the sale of the house from your dad to you to memorialize what is really going on, ie your dad... View More
answered on Jan 27, 2020
I'm afraid you have not asked a question. However, if an Oregon resident dies without a Will or Trust then Oregon's intestate laws control the distribution of his estate. When a decedent has no spouse, children or surviving parents the estate assets (after payment of all outstanding... View More
My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... View More
answered on Jan 22, 2020
I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an... View More
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