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Oregon Probate Questions & Answers
4 Answers | Asked in Probate for Oregon on
Q: Mother passed away in California but I live un Oregon, do Oregon probate laws apply and if so what is the process?

Im trying to close her credit union account in california, the credit union does not have any branches in oregon and operates solely in california

Nina Whitehurst
Nina Whitehurst answered on Nov 22, 2019

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... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oregon on
Q: My brother hired a probate lawyer to handle my mother's estate. There is no will. I don't trust him.

Can he take the money and run. Should I hire a lawyer too?

Theressa Hollis
Theressa Hollis answered on Nov 18, 2019

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 »

1 Answer | Asked in Family Law, Appeals / Appellate Law and Probate for Oregon on
Q: My father passed away over 10 years ago. I am his daughter. What rights do I have as his beneficiary in Oregon?

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... Read more »

Theressa Hollis
Theressa Hollis answered on Nov 14, 2019

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... Read more »

3 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Oregon on
Q: Is probate required in Oregon to take ownership of my deceased mother's house before it is foreclosed on?

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... Read more »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

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... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Does my wife’s family owe lot rent

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 »

Joanne Reisman
Joanne Reisman answered on Nov 10, 2019

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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I have been asked to forfeit my share of the estate of m daughter's once the sccusations Found incorrect is that all

Or can they give more reasons to make me forfeit and what is a dscouvery hearing Doesn't matter if some of the beneficiaries are homeless

Joanne Reisman
Joanne Reisman answered on Nov 3, 2019

Unfortunately your post doesn't really say what is going on in a manner that anyone can understand so I have no idea what the situation is nor what your related question is.

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?

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 »

Vincent J. Bernabei
Vincent J. Bernabei answered on Oct 29, 2019

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 »

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2 Answers | Asked in Probate and Estate Planning for Oregon on
Q: Ok so. My mom and her best friend cooked or forged my fathers will at death. My mom was friends with my ex shes a notar.

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... Read more »

Theressa Hollis
Theressa Hollis answered on Oct 25, 2019

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... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: How are probate lawyers paid in Oregon? My brother says his probate attorney asked for $3,000 to handle our case.

Up front, to handle our probate case. The estate is valued at not more than $300,000. In Linn County, OR. The lawyer said this was for fees and other expenses incurred in the process of handling the estate, and we (my brother? the estate?) would be reimbursed for any unused funds...

Also,... Read more »

Joanne Reisman
Joanne Reisman answered on Oct 17, 2019

There is not set rule. Most probate Attorneys want some money up front to cover the expenses of setting up the probate just in case the client's representation of what property is available and the value of said property turns out to be wrong. Assuming there is $300k that will end up being... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oregon on
Q: Mom's house was sold 5 months agowe been waiting for some news from executor of the will my brother we have not heard
Nina Whitehurst
Nina Whitehurst answered on Oct 3, 2019

The court file is public information. You can look at it any time you wish and even make copies (though most courts charge a fee for copies). If you need help interpreting what you are seeing in the file, or if you are concerned that the executor is not performing his or her duties properly, do... Read more »

3 Answers | Asked in Estate Planning, Tax Law and Probate for Oregon on
Q: Hi, my name is wing I need help for my next steps

Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Sep 24, 2019

Please accept my condolences on the death of your spouse. From your post, it appears you are or may be a beneficiary of a revocable living trust. Your spouse was one of the trustors of the trust, and you may be a trustor also. A trustor is a person who creates a trust. I recommend that you... Read more »

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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... 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... 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... 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... 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... 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... 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.

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