No, if none of your mother's assets are in her name alone then no probate is needed. I do recommend you consult with an experienced attorney to make sure you understand your duties as Successor Trustee. Often this is just a one-time consultation but can be very important to ensure that you...Read more »
If you are Personal Representative for your mother's estate you should ask your attorney this question. In general you can have a realtor create a Comparative Market Analysis (CMA) for you or you can pay for the property to be appraised. However, there are a lot of fact-specific issues in...Read more »
If a temporary guardian and conservator have been appointed that person will step in to take control of the protected person's medical and placement decisions as well as controlling her finances. The temporary conservator will be responsible to paying all of her bills. The temporary guardian...Read more »
When a person dies leaving a surviving spouse and children, at least one of whom is not by the surviving spouse then the surviving spouse gets half and the decedent’s children ( all of them, not just you) share the other half equally.
My estranged father passed away with no will and no other heirs. He had a mountain of debt, and his only possession of value is a vehicle which he recently purchased but had not yet registered. I want no part of the probate process. I'm assuming the vehicle then belongs to the state, who has... Read more »
If you were not adopted by another family then you might be your father's only heir. However, that does not mean that you are required to handle his estate. If the car was never registered in your father's name then it should still be in the seller's name. I would contact one of...Read more »
It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.
There are 3 siblings and the youngest was named executor. She listed a few things that were to go to each of us in her will. I'm curious as to what happens with her real estate as it wasn't mentioned to whom it goes to. She wasn't married at time of death. Does the executor get to... Read more »
A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.
If your mother owned the real estate in her individual...Read more »
Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to...Read more »
Banks are asking for Letters of Testamentary, and I tell them that the estate filed Small Estate Affidavit, so no letters of Testamentary, and I provide them a certified copy of the Affidavit, but they won't help. Are there any banks that will open an account with the Small Estate? I need to... Read more »
I'm sorry for your loss. Trouble with banks and small estates is a common challenge, unfortunately. I recommend trying a Credit Union in Oregon to set up the estate account. Since every state has a different small estate procedure it's unlikely that you will convince a bank in Fargo to...Read more »
The court-appointed Personal Representative (executor) has the authority to sell a house during the probate as long as it is not specifically devised to anyone. The other option is that the house can be deeded to the heirs/devisees and they can sell it after the probate has closed.
I was told that some states require you to itemize even small things in the actual will, otherwise they will all be sold & money distributed. Some things are sentimental rather than valuable. In Oregon, is it sufficient to just provide the executor with a list of items & who they should... Read more »
You don't have to rewrite your will every time, but you do need to write it once to refer to a personal property memorandum that you can then add to or change at any time and from time to time. Here is the statute:
A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.
Maybe. If your sister had no surviving spouse, adult children or parents then you could sign an Affidavit at the bank pursuant to ORS 708A.430 promising that you will use the money to pay her funeral expenses and any other outstanding bills of hers. There is also a waiting period during which the...Read more »
My wife’s father passed away a year after his mother passed. He never did anything with the money and had the account made in his name by his sister here in Ca. My wife was the sole intestate heir. Probate was held and has closed in Oregon where he lived. Oregon H& HS has told her that her... Read more »
Unfortunately your question is far too complicated to answer online. Oregon Estate Administration should have received notice of your father-in-law's probate if the probate had been filed in Oregon. I strongly recommend your wife contact an experienced probate attorney to assist her. It is...Read more »
If your sister-in-law's debts exceed her assets then her estate is insolvent. It's common for family to not want to file an insolvent probate since there often isn't anything in it for them. Your sister-in-law's assets may eventually be sent to the Department of State Lands...Read more »
If you have a complaint against an Oregon attorney you could contact the Oregon State Bar. Yes, probates can be reopened if necessary. You might want to pay a probate attorney for an hour of time to review the facts in your case to determine what next steps you should take.
I'm very sorry for your losses. I recommend you hire a probate attorney. If the house is in Oregon it's likely there needs to be a probate on at least your mom's estate. It's possible for your brother to sign a Disclaimer. If he has no children, that should give his share of...Read more »
Your dad is not personally liable for any debt that he did not incur. It's common for family members to feel responsible for "doing the right thing" and paying off their loved one's debts at the death. However, this is not required. If you Aunt left any assets in her name...Read more »
paperwork listed her surviving husband as heir or devisee when he is not listed in the Will as such and in fact signed a Waiver of Elective Share that is referenced in the Will. My sister and I think that these issues are not valid or legal. We have sent the Lawyer a letter detailing these two... Read more »
There are many variables to consider, but in most cases, you have four months to file an objection disputing the validity of the will that was submitted to the probate court . The time for objecting begins to run from the date you received notice of the probate proceeding. The objection must be...Read more »
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