Get free answers to your Probate legal questions from lawyers in your area.
What can i do as I also was on deed with mom w/right of survivorship and she listed my house as estate property I was owner. Paid taxes insurance everything
answered on Jan 8, 2024
I am sorry for your loss. I strongly recommend you consult with an experienced probate attorney. If your mother's Deed actually includes your name with right of survivorship then the property is probably yours. You can record her Death Certificate to clear the title. A probate attorney... View More 
I really don't know where to begin, there is too much to type. My mother passed away a little over 2 years ago. I was told her and her husband had a will then they said they didn't and then they did again. My mother had 4 children and her husband has 3. They have not been around but maybe... View More
answered on Dec 11, 2023
You will need to seek the counsel of a litigator who has experience with probate. The distributions in a probate happen near the end of probate proceedings and if there is a conflict or contest with respect to the will, that is where the experience of a litigator will help. The amount of time... View More
Our mother passed away in Oregon in 2019 and used her power of testamentary in her will to create a new trust for her grandkids from money in her other trusts. It never went through probate as far as I know. Looking online now, it seems to me like maybe it was supposed to go through probate because... View More
answered on Dec 4, 2023
Yes, usually you must probate a Will in order to implement a testamentary trust, however, you bring up several facts that could change this answer (mom's other trusts and the fact that mom died four years ago). I recommend you consult with an experienced probate attorney who can help you sort... View More
Grandpa died with 401k. I hired a probate lawyer. I did not know 401k has a beneficiary. Now the estate has $0, but the probate court believes it's worth $225,000. Everyone rec'd the notice about the worth of the estate. I'm the executor. I can't pay any bills, taxes, lawyer I... View More
answered on Dec 1, 2023
Sometimes it happens that a probate is started but we find out that the assets all have beneficiaries. In that case the probate can be withdrawn. However, it sounds like you have other assets besides the 401(k) to include in the probate. If the car and the manufactured home are in your... View More
Can I ask him for a list?
answered on Oct 22, 2024
Did your mother pass away or did she hire a probate attorney? Were the expenses incurred by the attorney or someone else? More information is needed before your question can be accurately answered.
My wife died in July 2024, all of her assets were held jointly with me. She has credit card and medical debt in her name. She has a will which leaves everything to me. The debt in her name only totals about $24,000. She struggled with cancer for 2+ years, which ran... View More
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answered on Sep 20, 2024
In Oregon, if the total value of the decedent's probate estate (assets that don't pass by beneficiary designation, joint tenancy, or payable on death) is less than $75,000, you can indeed use the Simple Estate Affidavit to transfer assets. However, since all her assets were jointly held,... View More
The estate will goes to our father who is still alive. He is going to disclaim because my older sister is requesting he do so, because they were estranged. Once he signs the doc, the estate will go to she and I. She is a full sibling with a life long relationship. I have known him since 2010.... View More
answered on May 25, 2024
Your sister cannot change where your brother’s estate goes if your father disclaims. Also, you have an equal right to be the personal representative if your father has disclaimed.
answered on Mar 13, 2024
I do not do probate litigation, however, I believe it is unlikely that a will contest case would be handled with a contingency fee.
They were initially planning to buy out the other beneficiaries and build on the property for themselves. But they didn’t, still live there and haven’t placed the 30 acres and house for sale two years after the trust has come to complete maturity. So they just have the property, do whatever... View More
answered on Jan 8, 2024
If you are a beneficiary of this Trust and are supposed to receive a portion of this property I recommend you hire an attorney to assist you.
We are in Oregon, grandma passed without a will and her new spouse is set to inherit half. The family, including spouse, agree to split the estate evenly. Can this be requested of the Probate Court or does it have to be split by the default half to the spouse and half to children?
answered on Nov 27, 2023
Oregon law allows the intestate heirs to get together and agree on a different division of the assets if it is approved by the Court. You should speak with the attorney representing the Personal Representative for more information.
answered on Oct 18, 2023
Yes, a devisee in a Will can also be named as the Personal Representative (Oregon's term for Executor). That same person can even be one of the two witnesses to the Will. In general, it is best for an attorney to draft and supervise the signing of the Will so that the attorney could testify... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her... View More
answered on Sep 19, 2023
From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However,... View More
He was paid monthly on a contract with a client that he had negotiated with. When I didn't receive his monthly check, I called and the company told me that they stopped paying him upon his death even though they had received payments from his customer. Are they able to just stop paying upon... View More
answered on Sep 8, 2023
I'm very sorry for your loss. Your instinct to view the contract is a good one. I can't imagine that their "internal decision" will control what happens with the remainder of the contract payments. You may need to file a probate to collect the remainder of the contract. I... View More
The only thing separate is her IRA. We had a will made over 30 years ago.
answered on Aug 29, 2023
The answer to the question of whether or not your wife's estate needs to go through probate depends on which assets she left behind. If the only assets that she left behind are the joint bank accounts and an IRA, then you may not need to go through probate. This is if the bank accounts list... View More
The personal representative filed small estate with out including the will, is with holding my inheritance and won't communicate with me or release property left to me.
answered on Aug 7, 2023
You should be able to file the Will with an Amended Small Estate Affidavit. I recommend you hire a probate attorney to assist you with this.
She listed my sister as the beneficiary on that account with a pay on death statement. She has had multiple accounts since, re married, and never listed a survivor, or a beneficiary on any of the other accounts. When my mother passed my sister took the old POD from the first account and cleared all... View More
answered on Jul 25, 2023
I am very sorry for your loss. It is possible that the Payable on Death (POD) designation that your mother signed with her bank could have covered all of her accounts with that bank. It just depends on the language in what she signed. There isn't any sort of time limit on a POD designation.... View More
He has been telling me her estate is not settled but I had an investigator find the affadavit where he didn't disclose me as an heir. He has been lying to me and took everything. I am going to hospice and have large medical bills I told him I needed help How do I get my portion of my... View More
answered on Jul 7, 2023
I'm sorry to hear you are having to deal with so much. Is it possible that your mother had signed a Will? Even if the answer is "Yes" you should have been included on the Small Estate Affidavit and received a copy of it in the mail from your brother. I recommend you hire a probate... View More
We think the trustee has just taken reserve funds for himself. For example attorney reserve the courts allowed be held. The trustee refuses to send us bank statements for the trust accounts so that we can verify the funds that are supposed to be there are still there. Says he doesn't have to,... View More
answered on Jun 26, 2023
You are correct. The trustee must account for how all of the trust monies are spent. I recommend contacting the trustee's attorney instead of the trustee directly.
You are also correct that it's the Court case that is closed, not the trust. The trust is not terminated until all... View More
(She owned free and clear but paid rent to the MH park where it's located ), her Car (I paid off her car loan a week after her death and the bank said I simply needed to fill out the affidavit of inheritance form, that they provided along with THEIR own notary('s) stamp/signature, and... View More
answered on Jun 19, 2023
I am sorry for your loss. If there are no other assets that are in your mother's name alone then Oregon has two forms you can fill out to transfer her vehicle and her manufactured home without a probate.
Go to: https://www.oregon.gov/odot/forms/dmv/516fill.pdf for the vehicle. All of... View More
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