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Oregon Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?

The language:

In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More

Vincent J. Bernabei
Vincent J. Bernabei
answered on Oct 24, 2024

Probate is not always necessary. For example, if the deceased person owned bank accounts or property with another person, the surviving co-owner often will then own that property automatically. If a person dies leaving very few assets, such as personal belongings or household goods, these items can... View More

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My mom's will had language that indicates that we don't need to do probate. Do we have to anyway?

The language:

In Article VI, C Mom's will says "I authorize and empower my Personal Representative to seland transfer any or all of my property, real and personal as I the discretion of my Personal Representative may reasonably be necessary for the payment of claims, expenses of... View More

Theressa Hollis
Theressa Hollis
answered on Oct 25, 2024

Please accept my condolences for your mom's passing. Unfortunately, that provision in your mom's Will doesn't avoid the probate process. The person (or company) named as Personal Representative has no authority until they are appointed by the probate Court.

Some assets may...
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1 Answer | Asked in Probate for Oregon on
Q: Can I file a Breach Of Fiducary duth in my county?

Can I file a Breach Of Fiducary duth in my county?

I plan to file a Breach of Fiducary Duty in a probate case, I am the only heir in the State and would like to file the breach in my county as opposed to the county where my Mother died, can I do that?

Does the Breach need to be... View More

Calvin A. Knickerbocker III
Calvin A. Knickerbocker III pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2024

Given your scenario and the general principles discussed, here's how you might approach filing a breach of fiduciary duty claim in Oregon:

Venue for Filing:

Probate Court: If your claim directly involves the administration of your mother's estate or the duties of an...
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1 Answer | Asked in Arbitration / Mediation Law, Estate Planning and Probate for Oregon on
Q: What do I do when I am having problems with estate issues and family members

My sister controls my mother's estate. After she passed it was oral arrangement that we all decided to go with an even spit no problem for the first 18 months but then 18 months ago my sis just stopped paying me and now refuses to pay me ever again

Tim Akpinar
Tim Akpinar
answered on May 7, 2024

An Oregon attorney could advise best, but your question remains open for two weeks. While some questions can go unanswered on this forum, you might have better chances of a response by adding the headings "Probate" and "Estate Planning." While it's possible that your matter... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I am married. No kids. My wife-I own a house. QUESTION: if I die first, does my wife get the house clean immediately?

We live in Oregon. No Will or Trusts. Want to avoid any probate issues.

Theressa Hollis
Theressa Hollis
answered on Apr 24, 2024

As long as you and your wife own the house "as husband and wife" or "as tenants by the entirety" on the Deed then the house will automatically go to the surviving spouse. They will just need to record the Death Certificate with the County to clear title. If your Deed does not... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I own 50% of a beach cabin in Oregon. If I die, does my wife receive my 50% share? Want to avoid probate court.

We have no Will or Trusts. No kids. Want a clean/fast transfer of my 50% ownership to her.

Theressa Hollis
Theressa Hollis
answered on Apr 24, 2024

The answer to your question depends on the wording on the Deed for the cabin. It's possible that the Deed includes language like "with right of survivorship." In that case, if you die first, the other 50% owner will automatically inherit your share of the cabin. If the Deed does... View More

1 Answer | Asked in Probate for Oregon on
Q: Can probate be closed before home is sold? With two equal beneficiaries, would that require co-ownership of the home?

Oregon

Theressa Hollis
Theressa Hollis
answered on Apr 23, 2024

Yes, if all creditors and taxes have been paid in full, it is possible to close a probate and Deed the house to the two beneficiaries. This works fine as long as the beneficiaries get along well. If they do not then it is best to sell the house and divide the sales proceeds.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can a durable POA still be used after the person has passed,when it was for payrolls and health?

My sister n law and brother could take my mom to her appts.as I work 2 jobs and could not...now my mom passed and they have not showed me the will or financial records.and I have heard from a caretake sister n law took 20k..when my mom was alive..they refuse to share info with me. And will not give... View More

Theressa Hollis
Theressa Hollis
answered on Mar 22, 2024

I'm very sorry for your loss. A Power of Attorney can no longer be used once the Principal (the person who signed it) has died and the Agent (the person named to act in the POA) has been informed of the death. I recommend you make your demand for a copy of the Will in writing and keep a... View More

1 Answer | Asked in Probate for Oregon on
Q: A dear friend died unexpectedly Monday. He leaves behind three adult daughters. We do not think he has a will or trust.

He is the guardian to his older developmentally delayed, deaf brother. He recently bought his first home. He does not have a large estate. The corporation we work for will not release information to the daughters as one is listed as an emergency contact but none as dependents. The listed dependent... View More

Theressa Hollis
Theressa Hollis
answered on Mar 13, 2024

I am very sorry for your loss. One of your friend's daughters will likely need to be appointed as his Personal Representative to be able to sell his house. If he had named his daughters as beneficiaries on his life insurance they should contact the insurance company and fill out a claim form... View More

2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More

Theressa Hollis
Theressa Hollis
answered on Mar 5, 2024

I'm very sorry for your loss. You can ask the Post Office to forward your mail. You should be allowed to retrieve your personal property from the house. It's possible that you may be owed repayment for the mortgage payments you have made (less the cost of reasonable monthly rent).... View More

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2 Answers | Asked in Elder Law, Estate Planning and Probate for Oregon on
Q: What lawyer do I need?

My partner passed away on July 5th. No will. We lived at his residence which was my home for over 13 years. I went to visit my grandson in Arizona for 6 weeks and when I came back on Jan 30th his 21 year old daughter changed the locks and won’t let me in. I am almost 66 and my whole life... View More

James L. Arrasmith
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answered on Mar 6, 2024

In your situation, consulting with an estate or probate attorney would be a wise step. These lawyers handle cases involving estates, wills, and disputes after someone's death. They can help navigate the complexities of estate law, especially when there's no will, and ensure that your... View More

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2 Answers | Asked in Probate for Oregon on
Q: What does a final accounting legally have to say? It cant be just hear say?bank accounts and what other documents needed
Anthony M. Avery
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answered on Feb 27, 2024

Accountings are usually complicated matters. The Affiant makes a sworn statement about where monies have went, and incorporates bank statements, deeds, car titles, stock transactions, etc. as an Exhibit thereto. You need an OR attorney to help you prepare such a serious pleading.

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1 Answer | Asked in Family Law, Banking, Municipal Law and Probate for Oregon on
Q: After losing my dad last year I have not been able to access money he left cause the bank wants more information

I provided my soc.

PhotoID

And other bank account

Offered my birth certificate

James L. Arrasmith
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answered on Feb 5, 2024

I'm sorry for the frustration this situation must be causing on top of grieving your father's loss. The bank likely has certain procedural requirements they are obligated to follow before releasing funds, but there may still be some things you can do here:

- Request a written list...
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1 Answer | Asked in Probate for Oregon on
Q: One of my older brothers died with no will. No assets except a small checking account. Do we need to file probate?

His landlord has billed his estate for back rent, but there is no estate, and no estate assets. He died in Eugene, Oregon. Thank you.

Theressa Hollis
Theressa Hollis
answered on Jan 23, 2024

I am sorry for your loss. If the amount of the back rent is more than the balance in his bank account there is no real reason to open a probate (or file a Simple Estate Affidavit) because there is nothing to inherit.

If the account is larger than the rent bill and is less than $75,000 you...
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2 Answers | Asked in Probate for Oregon on
Q: I am personal representative, my sister filed for probate and appt of pr court docs show listed as pr b4 being appointe

What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything

Theressa Hollis
Theressa Hollis
answered on Jan 8, 2024

I am sorry for your loss. I strongly recommend you consult with an experienced probate attorney. If your mother's Deed actually includes your name with right of survivorship then the property is probably yours. You can record her Death Certificate to clear the title. A probate attorney... View More

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2 Answers | Asked in Probate for Oregon on
Q: I am personal representative, my sister filed for probate and appt of pr court docs show listed as pr b4 being appointe

What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything

Karn Thapar
Karn Thapar
answered on Jan 8, 2024

Real estate that is held with rights of survivorship normally does not need to pass through the probate process. This can be handled through proper documentation with the county. However, given the complexity, it is advisable for you to speak with an attorney.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Oregon on
Q: I need advice from a Lawyers point of view on a Petition for General Judgement of Final Distributions case.

I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More

Karn Thapar
Karn Thapar
answered on Dec 11, 2023

You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does an Oregon pour-over will have to go through probate if it uses the power of testamentary to create a new trust?

Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More

Theressa Hollis
Theressa Hollis
answered on Dec 4, 2023

Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More

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1 Answer | Asked in Elder Law, Legal Malpractice and Probate for Oregon on
Q: How do I find out what is included in probate in Oregon? How do I sue my lawyer, when her malpractice left me with $0?

Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More

Theressa Hollis
Theressa Hollis
answered on Dec 1, 2023

Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More

2 Answers | Asked in Estate Planning, Family Law, Foreclosure and Probate for Oregon on
Q: Is my mother's probate attorney supposed to give me an itemized list of expenses?

Can I ask him for a list?

Theressa Hollis
Theressa Hollis
answered on Oct 22, 2024

Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.

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