Your mother can transfer the vehicle to you via an Inheritance Affidavit at the DMV. Your father's heirs will need to sign the Affidavit (before a notary public). If your father's children are all from his wife, then she is the only one who needs to sign. If he has children from a... View More

I’m sorry for your loss. If the car had no joint owners and your mother passed away with no will then Oregon intestate law controls how her probate assets are distributed. Based on the facts you listed, they would go 50% to her spouse and 50% in equal shares to her children. You could file a... View More

If the house has been transferred to you (a Deed has been recorded), then any needed repairs are likely your responsibility. Even if the house is still in probate and no Deed has transferred the property to you, I'm not sure why anyone else would be liable for the repairs. If anything, the... View More

I'm sorry for your loss. Oregon does not recognize common law marriage so if you were never married or registered domestic partners then your rights to his property will be limited. If your partner had never signed a Will (and was an Oregon resident at his death) then Oregon intestate law... View More

I'm very sorry for your loss. If the Bank is requesting documentation of your authority over your husband's accounts this likely means that you will need to file a probate (or simple estate affidavit depending on the value of the estate).

Since he passed with no Will you have... View More

Unfortunately, there is no place that Oregon Wills are kept. If a probate had been filed then you would have found those records at the courthouse. It sounds like your father was married when he passed. It's possible that he did not own any probate assets because all of his assets were held... View More

Jim Boness Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025

Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More

If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More

Brad Holbrook Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 15, 2025

32 years is a long marraige, and I am sorry for your loss; and I know that being apart does not it easier. If you are still legally married, and you are the spouse, there is a lot you can do to move forward. In Oregon, you can file a Small Estate Affidavit and be given the necessary authority to... View More

There is nothing in Oregon called “non-responsibility.” If your husband died with no Will his estate is controlled by Oregon Intestate Law which means that his probate assets will go to you after his bills are paid (assuming he has no children who are not yours). If you want you can choose to... View More

If you have been appointed as Personal Representative by the probate Court you should have an attorney representing you. I do not recommend trying to handle a probate on your own.

The estate of your second brother to die will control the manufactured home. If he died with no Will then... View More

If a probate was filed for your Dad's estate it is possible to retrieve a copy of his Will from the probate Court. If not, then you may be able to obtain a copy from the attorney who drafted the Will and/or the attorney who represented your Aunt.

I can't tell from your facts exactly how to help you. I recommend you meet with a probate attorney.

When the beneficiary of a Will dies before receiving the inheritance who receives the inheritance is usually determined by the survivorship period listed in the Will (often 30-120... View More

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... View More

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

Calvin A. Knickerbocker III 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... View More

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

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

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

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.