My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... Read more »
I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an experienced...Read more »
Am I expected to just walk away from my house and 5 acres with barn and shop to split with my sister? She wont talk and just wants to hurry and sell the property so she and her husband can move to another state...I even offered to pay off the minor debts left from my dad..and when I chose to live... Read more »
It is not possible to give individualized advice without reviewing all of your individual facts and circumstances. However if your dad died without a will it is entirely possible that the house Is supposed to be distributed to you and your sister in equal shares. Most likely your best option to...Read more »
There is no way to understand what you are asking because there simply isn't enough detail. Frankly you can't get anything more then general suggestions on Justia. We can't give legal advice to people that haven't met with us as clients. All we can do is say what you could try and that is...Read more »
First you need to determine whether the pension had a survivor benefit. Usually a pension ends upon death unless the pensioner elected a survivor benefit in exchange for a lower monthly benefit. If that election was made then the designated survivor beneficiary can collect the pension by providing...Read more »
I am the affiant to a small estate affidavit. a person took possession of personal property of the estate that I need back to settle debts, the affidavit has already been filed without the list of these assets. So do I have to file an amended affidavit. With these items listed in order to get them... Read more »
As the affiant you have the right to collect the personal property whether or not it was listed in the affidavit. That said, you may want to file an amended affidavit if the property is real estate and specifically describe the real estate with a legal description as this will help you take...Read more »
This was posted as an Oregon Law question so my answer pertains to Oregon Law: There is no document that gives someone control over an estate when there is no will. She is probably talking about a Power of Attorney but the Power of Attorney is extinguished when the principle dies. There are Oregon...Read more »
Assuming this is happening in Oregon, if your husband died without a Will and there is property that belonged solely to your husband, then Oregon's intestacy laws will control. https://www.oregonlaws.org/ors/chapter/112
Under these laws the current spouse, you, will get 1/2 of your...Read more »
The will appoints me as personal representative and states I shall have the power and authority to sell and dispose of any property that i might own at the time of my death. So then could I sell the house to pay off reverse mortgage and split the extra money with my brother?
Probate isn't required in Oregon. Probate is an option if you need the assistance of the court to order tasks needed to resolve a deceased person's estate to get done. In the case of a reverse mortgage you may or may not need probate.
The first thing you will want to do is figure out if...Read more »
I was living in the home for 6 years and have been paying the mortgage since her death. The house is her only asset and is in probate. Have been told I have to sell it to pay off her debts. Have a lender who will give me a home equity line of credit if my name is on the deed.
No lender will recognize your authority until you are appointed as executor by the probate court. Keep in mind also that all debts (except the mortgage) eventually expire if you can fend them off long enough.
Probate takes place in the jurisdiction where the person was domiciled (which is usually the same as their permanent residence) when he or she died. For example, if your mother's permanent residence was in California and she died in California, then probate would be in California (same county as...Read more »
Yes, you should consider hiring an experienced probate attorney to review all paperwork so that you can be sure that your brother is handling the estate properly. You should explain your concerns with your attorney. It is possible that your brother should not be appointed as Personal...Read more »
I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or what... Read more »
It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets in his name...Read more »
When my mother passed away without a will, she was in bankruptcy and trying to avoid foreclosure. The bankruptcy has just been discharged, but the house wasn't in it so it is still subject to foreclosure. I want to keep the house & assume the loan, and have submitted documents establishing my... Read more »
Once a mortgage is delinquent all sorts of additional charges get added on including Attorney's Fees and usually the only way to save the property is to pay all the past due amounts in one sum. If you don't have money to hire an attorney you probably don't have money to catch up the mortgage. You...Read more »
My wives father passed recently. Her father owned a mobile home and was the only person on the title after he died with no will. He did not own the land it was on and had a rental contract with the land owner. My wife and her brothers are under the impression that because the title is only in... Read more »
The estate of the deceased father, not the heirs, are responsible for the debt. To the extent that the estate includes property of the deceased father, the property is liable for the debt. This would be all property of the deceased father's, not just the mobile home itself. In Oregon there is a...Read more »
Three years ago next month, my father died. The self claimed executor of his estate contacted me because a cousin told her to. When I asked about his house in Clatsop County, she daid it was being sold and no one knew he had two daughters. She hurried up and held a service. And she herself... Read more »
You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it...Read more »
She notarized the will. After dad died. All of this was coached by my moms best friend. Fast foreward to june or july this year mom get put on hospice. At the meeting with hospice moms best friend says hes not the executor said didnt sign anything. Mom tells me she didn't have him do it and that... Read more »
I'm sorry for your loss. It is important that you meet with a probate attorney to help you evaluate your situation. There are important deadlines in a Will contest case so I encourage you to schedule an appointment as soon as you are able. Be prepared to pay for the attorney's time at his/her...Read more »
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