Lawyers, Answer Questions  & Get Points Log In
Oregon Probate Questions & Answers
1 Answer | Asked in Probate for Oregon on
Q: Dad just passed in OR. Unwed partner claims only will from the 1990s in AK. Is an old will still valid? How do I get it?

We have no idea what attorney he used and the partner claims to not have a copy.

Theressa Hollis
Theressa Hollis answered on Apr 27, 2022

The most recent Will that your father signed is his valid Will unless he married after he signed it. To locate the Will you can ask your father's partner to look through his important papers and check any safe deposit boxes. If you can find out what attorney your father hired in the... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Dad passed in OR this year. How do I get the will? How long does the Executor have to contact me?

Executor in WA is my sibling. I am in AK. Other sibling reports Executor claims to have contacted all siblings to ask permission to dispose of certain assets. I have not been contacted. Executor is unwilling to communicate but I understand by law they are required to contact me.

Theressa Hollis
Theressa Hollis answered on Apr 27, 2022

If you can find out the name of the Executor's attorney I recommend contacting this person. If not then you will have to contact the Executor directly to ask your questions.

1 Answer | Asked in Probate for Oregon on
Q: How are proceeds on a house divided in Oregon, titled as husband and wife upon a death? Death 10 years ago.

When wife dies, how are proceeds divided? Can title be changed now? Nothing ever probated and title is still listed as husband and wife. He died 10 years ago. No personal representative was ever done. Children on both sides.

Vincent J. Bernabei
Vincent J. Bernabei answered on Apr 20, 2022

The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the... Read more »

1 Answer | Asked in Family Law and Probate for Oregon on
Q: What happens if there’s a conflict when it comes to inventory or FMV of house in Oregon

My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 18, 2022

I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Will I get in trouble for not probating dead husband’s will? He was the beneficiary of oil rights and monthly earnings

Monthly earnings have been depositing in our bank account still. He died over a year ago and I did not know the will had to be probated. The will states that everything goes to me. I have had access to this money in our account and have been paying the quarterly taxes, but I did not know I had to... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 6, 2022

You shouldn't worry about getting in trouble but it's a good idea to get this taken care of properly. Contact an attorney in the state where the oil rights are to find out what you need to do next. There is probably a simple procedure for you to get them transferred to you.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: In Oregon, is a mobile home on rented land considered personal property in my Will?

(Rather than real property, when making bequests.)

Theressa Hollis
Theressa Hollis answered on Mar 28, 2022

Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: We bought real property from our Father.

The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 15, 2022

It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I was a resident for 4 years and was told to leave by power of attorney what are my rights?

I'm in the will he's keeping property from me, I was his father (owner of estate) caretaker and significant other for 4 years. I'm owed for my services. His son the executor kicked me out I am disabled and I need my belongings I was promised by him prior that he would let me stay in... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 8, 2022

I'm very sorry for your loss. You might try the Legal Aid Office in the county where you are living.

You can also contact the Personal Representative's (Executor's) attorney and explain your situation. They may give you more time to find another place to live.

You...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: May a reverse mortgage lender's interest in a property be deducted to qualify for Oregon's Small Estate option?
Theressa Hollis
Theressa Hollis answered on Feb 18, 2022

No. Oregon law requires that you list the property with its Fair Market Value as of the date of death (or, if it has been a year since the person passed the value within 45 days of filing the small estate affidavit). You do not reduce the value by any mortgage, liens or property taxes owed.... Read more »

1 Answer | Asked in Probate for Oregon on
Q: If I'm not a beneficiary to a trust but named in a will can my sibling keep me from seeing the will? She refuses.

My half-sibling is the beneficiary of my father's trust, but he also has a will that I'm (and other siblings) name in. She refuses to send it to us. I've tried contacting the records dept. and recorder's office of Multnomah County, but they have nothing on file. Is she... Read more »

Theressa Hollis
Theressa Hollis answered on Feb 11, 2022

The answer to your question is very dependent on the facts of your situation. I recommend you meet with a probate attorney to review the information to give you an accurate answer.

In general, if someone has a Revocable Living Trust their Will does not specifically name individual devisees...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: Wife gave spouse a Deed for her half of RE property jointly owned.

Adult kids on wife side could challenge the DEED in probate court?

Claiming any kind of excuse that she was not in her right frame of mind?

(not true)

Theressa Hollis
Theressa Hollis answered on Jan 31, 2022

Anyone can try to challenge anything in Court but that doesn't mean they will be successful. If you receive Court documents I recommend you consult with an experienced probate attorney who will review the Deed and give you specific legal advice for your situation.

1 Answer | Asked in Probate for Oregon on
Q: Do deceased siblings kids get anything in oregon

My bro died not married no kids. Parents gone I'm only sibling alive. Does my deceased other siblings kids Inhearant anything?

Theressa Hollis
Theressa Hollis answered on Jan 21, 2022

Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Grandmother passed in 2008. As an heir I would like to receive a copy of Will. Where/how do I request a copy?

My Grandmother died in 2008 in Portland, OR. I was a legal heir but never received a copy of the Will. I would like to receive a copy from the court if it is filed there? How/where do I request one?

Theressa Hollis
Theressa Hollis answered on Dec 29, 2021

If your grandmother's Will was probated in Oregon then I will be happy to obtain a copy for you.

If it was not probated (for example, if she had a Revocable Living Trust or owned no assets in her name alone at her death) then there is no way official to locate a copy of her Will. If...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: Can a trustee tell a beneficiary that they can't use electtronic company to sign a document?

Trust in oregon, also trustee says we can't move forward 8f I don't sign her way,. Can she do that?

Theressa Hollis
Theressa Hollis answered on Dec 27, 2021

If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.

1 Answer | Asked in Probate for Oregon on
Q: I filed a small estate affidavit in Oregon do I need to File a Petition in Probate Court to get a Letter of Appointment

If I do how do I do that

Theressa Hollis
Theressa Hollis answered on Nov 29, 2021

In Oregon filing a Small Estate Affidavit does NOT get you Letters Testamentary (called Letters of Administration for estates without Wills). However, you can use a court-certified copy of your Small Estate Affidavit to manage the assets listed in the Affidavit. If you need further assistance I... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mother recently passed away my father and I are going broke paying bills that were only in her name. What can I do.

They also had a mortgage together no saved money separate and joint bank accounts. No living will and no will in general.

Theressa Hollis
Theressa Hollis answered on Nov 12, 2021

The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My mom passed Oct 6th,21 COVID. She had no will,lived alone in Ontario,Owned a mobile home. I'm in MT What do I do

With her bank account and her home bills? I was not her beneficiary for her life insurance. My niece is. I have no idea what to next. She had preplanning funeral pd, I'm lost.

Theressa Hollis
Theressa Hollis answered on Nov 2, 2021

I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).

1 Answer | Asked in Probate for Oregon on
Q: I can't afford an attorney do you have legal aid in Oregon
Theressa Hollis
Theressa Hollis answered on Nov 2, 2021

Yes, Oregon has legal aid: https://lasoregon.org/ However, if you have a probate to file in Oregon attorneys usually get paid after court approval through the probate assets.

2 Answers | Asked in Probate for Oregon on
Q: How do you petition of probate
Theressa Hollis
Theressa Hollis answered on Oct 14, 2021

In Oregon you’ll benefit from hiring an experienced probate attorney to help you file a petition for probate with the court. There are numerous rules and deadlines that you must follow as Personal Representative and your attorney will assist you with this. The fees for your attorney will most... Read more »

View More Answers

1 Answer | Asked in Probate for Oregon on
Q: Okay my aunt forged my grandfather's will and is taking the estate from me and my sisters

She was moved removed from power of the estate but the new estate attorney wouldn't let me do anything either I've tried to hire an attorney I'm pretty sure I may have one I'm not sure all I know is I've been homeless for 3 years now thanks to my aunt for taking our home... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 12, 2021

I'm sorry to hear of the situation you are in. You will need to hire a probate attorney to evaluate the situation and give you legal advice. If you cannot afford to pay an attorney I recommend you contact the Legal Aid Office in your county:

https://lasoregon.org/locations/

I...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.