Not sure which parent you are asking on behalf of. But the parent you are concerned for needs to be the one to investigate this issue. First, they need to read the Divorce Decree and see exactly what it says. If it identifies the property by stating the legal description and clearly identifies...Read more »
That would be up to the court. You would need to disclose the details in the Petition. It also would depend as to whether anyone else wants to apply or if they object to your appointment. The court is likely to require a bond so you might want to make sure that you can be bonded.
Your cousin does not have the authority to appoint you as the executor of your mother's estate, but she can decline to serve and you can nominate yourself to serve. Ultimately the court decides who to appoint.
The owner of the real property can do that by signing and recording a deed, but he or she would be well advised to consult with an attorney before doing so. Lifetime gifts of large value items like a home are fraught with peril. First, the gift might trigger a gift tax. Second, the recipient...Read more »
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 »
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