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Oregon Probate Questions & Answers
2 Answers | Asked in Probate for Oregon on
Q: My aunt was the personal representative and the court removed her as the person pr. Is she entitled to the full pr fee?

After she was removed as p.r. the court appointed a lawyer. The lawyer decided to take the alternative fee which is his hourly rate. My question is my au t after being removed entitled to the full p.r of 21k. She already recieved through the court 6k for her work.

Joanne Reisman
Joanne Reisman answered on Sep 10, 2019

This isn't something that can be answered by reading your post on Justia. The PR fees is normally requested as part of an accounting and the court has to approve it. It isn't automatic. Anyone entitled to notice of the accounting can file an objection and state their reasons for their objection.... Read more »

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3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: A court appointment PR is only handling bank funds, and making the family divide personal property, says he'll sell...?

We were issued an outside PR because we could not agree. But our PR is only handling the actual $ he says personal property, computers, rolex's, etc are for us to divide and figure out. IF we cannot deal with personal property between us, he says he will sell everything at an estate sale and give... Read more »

Theressa Hollis
Theressa Hollis answered on Sep 5, 2019

If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask for... Read more »

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2 Answers | Asked in Probate for Oregon on
Q: Can executor kick me out of home when my boyfriend is beneficiary?

My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate

Joanne Reisman
Joanne Reisman answered on Aug 19, 2019

This is impossible to answer without knowing all the facts such as how many beneficiaries there are in total and what the debts are that have to be paid. So yes, it's possible to get kicked out but again that depends on all the facts. Your boyfriend needs to consult with an attorney. You are... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: I want to ensure ill be getting a property once probate is over. Can i get this in a legal document

My parents estate is in probate and my sister is the executor. I want to buy one of the properties and my siblings say they want to be bought out. Is there any way i can have this in legal writing so i know for sure im getting it and they cant change their mind last second. Or is nothing able to be... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 16, 2019

Ask them to sign a stipulated court order in the probate that gives you the right of first refusal to buy the property. You will want to include something in the order that sets the way to determine what the fair market value price will be that you have to pay. Remember you can only get a... Read more »

3 Answers | Asked in Probate for Oregon on
Q: Wealthy Dad died, no will. wife got all, but gave my siblings money promised,not me. I was estranged, arent i due $

We were all always promised 60,000 after dad dies. I didnt see my dad for years over a dirty family secret . but i kept the family secret and didnt go to the police so i could get my money. All my sisters got theirs, not me though. My agreemant was verbal with dad, but so was the inheritance. They... Read more »

Joanne Reisman
Joanne Reisman answered on Aug 9, 2019

Unfortunately there is no way to answer this question without getting more information. Because your father died with no will the intestacy statute would apply. If this wasn't Oregon then his wife would get half and half would be shared with the stepchildren. But even that presumes that there was... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: can a probate court allow the sale of someones life estate to satisfy medicaid lien ?

i am a life tenant for the ebbert moor estate and now the attorney for estate or personal representive and also the conservitor for surviving spouse is allowed to start the sell of my life estate. she thinks shes just has to give me money to relocate, not that she has to buy me out of my life... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 6, 2019

I strongly encourage you to NOT include personal details or identifying facts on any website. Your specific situation is quite complex and you will benefit from hiring an experienced local probate attorney for legal advice. It is possible that your life estate could be saved but more information... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My father passed away last month. He left a will that states a sole beneficiary. He has no debt or property assets, he

does have a bank account with the sole beneficiary. Does the estate have to go through probate?

Joanne Reisman
Joanne Reisman answered on Jul 11, 2019

I'm not sure that I understand the facts so I will just give you a general answer. If property transfers without the need for probate, then you don't need to do a probate. When you run into some issue where you can't transfer some type of property that the decedent left then you have to figure... Read more »

1 Answer | Asked in Probate for Oregon on
Q: In Oregon if a husband and wife die 35 days apart can their estates be probated together in one probate filing?
Joanne Reisman
Joanne Reisman answered on Jul 9, 2019

First of all, one has to figure out if a probate is even needed. Second, if there was a Will there may be a clause the requires the heir to survive for longer then 35 days to be eligible to receive anything. So you really need to sit down with an Attorney and sort this out. But generally... Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: on what grounds does an executor have the right to block off an estate from heirs in probate that is being neglected?

executor is neglecting property, large trash piles near a watershed. altering property with out permits. has taped off the property after communication with his attorney about the state of affairs of the property after walking it with a professional third party non biased witness. neglected to... Read more »

Joanne Reisman
Joanne Reisman answered on Jul 2, 2019

First of all you need to hire your own Attorney if you have issues with the current executor. Most likely your Attorney will advise you to petition the court to remove the executor and appoint someone else but that really depends on the facts. Get an Attorney to advise you.

2 Answers | Asked in Probate for Oregon on
Q: My brother died and left a will giving all to his son and daughter with me as executor. The main value of the estate

is with a commercial property owned equally by him and me. His kids will get his half. The property was valued at $1.2 million in 2015. Do I need to file probate in Oregon? There will be no disputes or contested issues.

*Update*

Thank you for the two answers--we do have the... Read more »

Joanne Reisman
Joanne Reisman answered on Jun 28, 2019

Probate is not a legal requirement, it is a tool that can be used if needed to transfer assets. All you need at this point is a consultation with a probate lawyer to see if the property had some way to transfer his half built in, such as the property being owned by an LLC and his share of the LLC... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: what happens when one of the devisees does not receive notice that a closed estate is being reopened

and the 20 days to respond or object is now passed

Joanne Reisman
Joanne Reisman answered on Jun 24, 2019

I would have to read the statute you are referring to but my assumption would be that the deadline for responding only starts running when you get the notice. That not withstanding, the real issue is why the estate is being reopened and whether you even care. Consult with an Attorney.

2 Answers | Asked in Probate for Oregon on
Q: A Dad had a lawyer draw up a will and signed the house deed over to his only daughter before passing. Is probate needed

Daughter is only living relative and sole successor listed on will/deed. There is a mortgage on the home/land.

Theressa Hollis
Theressa Hollis answered on Jun 13, 2019

Whether or not probate is needed will depend on the assets left in Dad's name at his death. If he really deeded his real property to his daughter then that asset should not need a probate. However, there could be other assets in his name that do not have joint owners or beneficiaries named.... Read more »

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1 Answer | Asked in Civil Litigation and Probate for Oregon on
Q: If a deceased’s “estate” doesn’t require probate, how might a creditor file a claim against the “estate”?

The claim is approximately $50,000.

Joanne Reisman
Joanne Reisman answered on Jun 11, 2019

A creditor has standing to file a probate or file a small estates affidavit. However you should definitely discuss this with a probate Attorney as there may be nothing in the probate estate to make filing such a proceeding cost effective. Certain property previously owned by the decedent can... Read more »

2 Answers | Asked in Probate for Oregon on
Q: In Oregon, when a person dies without a will and without real property but is married, is probate required?

The estate’s value is less than $50,000.

Joanne Reisman
Joanne Reisman answered on Jun 8, 2019

Probate is not ever required by Oregon Law. Probate is a tool that you may or may not need to transfer property, real or personal, of a decedent to the heirs or devisees. So you need to evaluate if your situation is such that probate is necessary. You also need to be familiar with Oregon's... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: My wife's father bought 2 small lots (with nothing on them) with his girlfriend (at that time) in 2015

with no Right Of Survivorship. They since broke up, & then he passed away in April, 2018 with no will or trust. My wife & her brothers stumbled upon the original deed & are wanting to get his half out of probate & in my wife's name. He lived in Arizona at the time he bought them & also when he... Read more »

Theressa Hollis
Theressa Hollis answered on Jun 3, 2019

Your father-in-law's estate is not in probate until someone files legal documents with the Court. I am assuming the two lots were in Oregon. If you are correct and the Deeds do not include survivorship you need to hire an Oregon attorney to file either a full probate or a Small Estate Affidavit... Read more »

1 Answer | Asked in Probate for Oregon on
Q: Son died suddenly and without a will. No wife. No children. I am his mother. Do I need probate and executor?

There is nothing much of vaule except a car that is not paid for. How do I get my son's belongings from his landlord? Need info from personal papers and want small items for memorial service but landlord says no.

Joanne Reisman
Joanne Reisman answered on May 10, 2019

Oregon law provides for how people inherit when there is no Will. Here is the link to where you can read the statutes yourself: https://www.oregonlaws.org/ors/chapter/112. It may well be that the surviving parents (you and the father of your son) inherit under ORS 112.045 (2). But ORS 112.047... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I was sued in a probate case where I proved it was a case of complete diversity,the law was ignored I was robbed
Theressa Hollis
Theressa Hollis answered on May 2, 2019

I'm sorry, I don't think you have asked a question. Please rephrase.

1 Answer | Asked in Probate for Oregon on
Q: If given a signed vehicle title before someone dies do you have to give it to probate after they die?
Theressa Hollis
Theressa Hollis answered on May 2, 2019

More information is needed to answer your question. Did the owner of the vehicle sell or give the vehicle to you? If so then the vehicle is not included in the probate.

1 Answer | Asked in Probate for Oregon on
Q: IF given signed title before person dies do you have to give it to probate after they die if you didn't change title yet

94 pickup - not running.

Joanne Reisman
Joanne Reisman answered on Apr 29, 2019

What type of title are we talking about, a car title or a house title?

1 Answer | Asked in Probate for Oregon on
Q: Can the family of an probate estate only hire one probate lawer and does he only represent the executor only?
Michael P Vanderhoff
Michael P Vanderhoff answered on Apr 24, 2019

Yes, many probates in Oregon are completed with only one attorney representing the executor (Personal Representative or "PR" in Oregon) and assisting the PR through the probate process. Many times the family is involved in hiring the attorney and the attorney will communicate with the family... Read more »

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