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Oregon Probate Questions & Answers
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 »

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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 »

1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: i have a probate that went into foreclosure, what kind of lawyer do i need to go after the mortgage company?

when i took over my fathers estate the loan got sold to another company. the new com[any accepted 2 payments from me then denied me making payments for about a year, stating that i was not someone on the loan that could be talked to. it took me a long time to get the information from them that they... Read more »

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff answered on Sep 27, 2021

Dear Asker,

I would suggest someone in the debtor/creditor world who likes creative cases with a few complexities.

Options might be.

Keith Karnes,

Tim Eblen

Michael Obrien

You can google those names with "attorney" and you'll find...
Read more »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: How do I file a hearing and what state do I file in ?

My daughter has my mother change her will and put her in charge. Daughter has kept all the assets and ignored the will. My mom had the will made in California where she lived . Before her death she moved to Texas with my daughter where she passed. Which state would I file the hearing in? My mother... Read more »

Theressa Hollis
Theressa Hollis answered on Aug 27, 2021

If your mother lived in Texas at her death I recommend you start with a Texas attorney. It's possible that the Texas State Bar Association has a lawyer referral number. It's also possible that Legal Aid in Texas could point you in the right direction.

1 Answer | Asked in Probate for Oregon on
Q: Executor received a large sum of money and did not disclose it in annual accounting to heirs. Can he legally do this?
Theressa Hollis
Theressa Hollis answered on Aug 10, 2021

To answer your question more information would be needed. For example, the executor (called Personal Representative in Oregon) could have received money because he/she was named as beneficiary on the asset (an IRA or life insurance, for example). In that case the PR would not be required to... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My mom's deed had survivorship but she never took my dad off after he died. Do I have to do a probate for both of them?

Probate in Nevada. My dad died in 2006. The deed for their property has joint tenancy with survivorship. My mom died last month. My mom never took my dad off the deed so do I now have to do a probate for him as well? I am planning on doing a set aside without administration because the total... Read more »

Theressa Hollis
Theressa Hollis answered on Jul 14, 2021

Your question is in the category of Probate for the state of Oregon. If the property is in Oregon then here is my answer: Assuming your parents had survivorship on their Deed then all you have to do is record your dad's Death Certificate with the County and the title is clear (meaning that... Read more »

1 Answer | Asked in Probate for Oregon on
Q: I am an heir but am not able to get any information from the P.R. Probate atty. said he would charge me to talk to him?
Theressa Hollis
Theressa Hollis answered on Jul 13, 2021

You should be able to obtain information from the Personal Representative's attorney. He will charge the estate for speaking with you. However, he will not be able to give you legal advice. If you need legal advice you should find your own attorney.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Is a will that is handwritten in Oregon, signed by the testator and notarized valid?

There was another witness present who was said to inherit almost everything according to the will, but that person did not sign. The only signatures on the paper is the testator and notary.

Vincent J. Bernabei
Vincent J. Bernabei answered on Jul 12, 2021

It is now possible under Oregon's "harmless error" statute that a written document that is not signed in the presence of, and by two qualified witnesses may be a valid will.

The question is whether there is clear and convincing evidence that the testator intended the...
Read more »

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2 Answers | Asked in Probate for Oregon on
Q: Mom died. All her assets are in a trust. Do I (trustee) have to file her will if it has nothing to probate? Thanks.
Theressa Hollis
Theressa Hollis answered on Jun 9, 2021

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 »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom's estate is in Probate (Oregon). I Plan to sell her house. Am I required to first have it appraised?

Q: I'm told that I need to prove to the probate judge that I sold it for a price that was fair as of the date of death. Is that true? Can i do that without an appraisal?

Theressa Hollis
Theressa Hollis answered on May 17, 2021

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 »

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: What happens next when the state has temporary guardian and conservator of a lady. APS has been involved.

3 seporate times the lady has wondered out and police has brought her home.

Theressa Hollis
Theressa Hollis answered on May 17, 2021

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 »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My farther passed away with no will I have two siblings that are his wife's and I have a different mom Oregon law

States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

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.

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1 Answer | Asked in Collections and Probate for Oregon on
Q: Who takes possession of a deceased's unregistered car with no probate, no heirs, and lots of debt?

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 »

Theressa Hollis
Theressa Hollis answered on Mar 29, 2021

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 »

2 Answers | Asked in Estate Planning, Collections and Probate for Oregon on
Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?
Theressa Hollis
Theressa Hollis answered on Mar 17, 2021

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.

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom named the youngest sibling the executor of her will. Can he do what he wants with the property?

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 »

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 11, 2021

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 »

1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... Read more »

Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

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 »

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