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Oregon Probate Questions & Answers
3 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My wife passed away this month. Do I need to go through probate if we have joint accounts in the banks.

The only thing separate is her IRA. We had a will made over 30 years ago.

T. Augustus Claus
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answered on Aug 29, 2023

In Oregon, if you and your late wife held joint accounts with rights of survivorship, these accounts typically pass directly to you as the surviving account holder. They usually don't go through probate because ownership transfers automatically.

Regarding the IRA, if your late wife...
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1 Answer | Asked in Banking and Probate for Oregon on
Q: My mother passed away. She had a pay on death statement on one account from many years ago .

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

Theressa Hollis
Theressa Hollis
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

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is the trustee obligated to account to beneficiaries for funds held in reserve?

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

Theressa Hollis
Theressa Hollis
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...
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1 Answer | Asked in Probate for Oregon on
Q: Im in Oregon and my mother passed away with a notorized will in which I am the beneficiary of her manufactured home

(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

Theressa Hollis
Theressa Hollis
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...
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1 Answer | Asked in Probate for Oregon on
Q: Do you have to go though probate if your name is on a deed but not on the mortgage? Person that had loan is deceased.

We want to eventually pay off the house but have it under mine and my sister"s name. Is probate avoidable? Our mother recently passed. I know she has debt and I don't want to rock the boat. The mortgage co. said we can keep paying, but what happens in the long run? It can't continue... View More

Theressa Hollis
Theressa Hollis
answered on Jun 16, 2023

If your name is on the Deed with your mother you should have an attorney review the Deed. There are two ways for people to own Oregon properties. One with survivorship and one without. If you have survivorship then the house is yours and all you need to do to clear the title is record your... View More

1 Answer | Asked in Probate for Oregon on
Q: Do I need to honor a writ of garnishment during probate in Oregon if I received the writ after the statue of limitations

Is a writ treated the same as a claim during the probate process that can be denied based on statue of limitations? I am the affiant/claiming successor in a small estate where I filed probate in January. State of Oregon sent me a writ to garnish money (any inheritance) for an heir listed in the... View More

Theressa Hollis
Theressa Hollis
answered on May 1, 2023

Is the garnishment for one of the probate devisees/heirs? If the answer is "Yes" and you hold money for this person then I think you have to abide by the garnishment. You don't deny a garnishment. If you no longer hold money for this person then you can answer the garnisher with... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Need attorney for two llc, in OR and CA setting trust to avoid probateDo I need attorney licensed in both state?

Currently one sole llc operated in Portland Or

Another LLC operated in LB Ca as Oregon based foreign status

Need set up trust to own both.

Need to change LB CA from OR foreign Llc operations in CA to CA Llc

To avoid probate

Do I need an attorney licensed for... View More

Karn Thapar
Karn Thapar
answered on Apr 24, 2023

If you are residing in California, then you should be fine with just a California licensed attorney. Each of the membership interests of your LLCs will be assets that will be held in the name of your trust. Although it may be preferable to find an attorney licensed in both states in case novel... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Is it legal for a conservator to have there name added to the conservatees bank account and upon conservatees death the

There was ,$90000.00 in my mother's bank account when she died but my sister the conservator had her name added to my mom's account and upon her death it was reported that that money doesn't belong to the estate it belongs to my sister how is that possible

Theressa Hollis
Theressa Hollis
answered on Apr 17, 2023

Having your name on someone's bank account as their Conservator does not give the money in that account to the Conservator at the person's death. Is it possible that your mother named your sister as "Payable On Death" on that account before she became financially incapable... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Can I filed a small estate affidavit as an heir if I am not inheriting anything listed within the affidavit?

My mother passed away without a will and has a couple things that did not have a beneficiary listed (some stocks and an IRA). She was married to my father so he is the one who will receive those items. I want to file a small estate affidavit but am unsure if I can since I will not be benefitting... View More

Theressa Hollis
Theressa Hollis
answered on Mar 28, 2023

In an intestate estate (when someone dies without a Will) the people who can file the small estate affidavit are the heirs (your father, in this case) and any creditor. This means that if you pay one of your mother's bills or pay for her burial/cremation, for example, you will become a... View More

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I'm an only child, but dad claims no descendants in his will and he sadly passed away. Do I have any rights?

Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my... View More

Theressa Hollis
Theressa Hollis
answered on Mar 8, 2023

Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old... View More

1 Answer | Asked in Probate for Oregon on
Q: As the pers rep for a small estate I received a $2000 death benefit from CalPERS that I didn't know about. Must I amend

I already amended once and probate is now closed. DOD 6/5/20

Theressa Hollis
Theressa Hollis
answered on Feb 13, 2023

You may want to consult with a probate attorney on this. ORS 114.515 does require you to amend the Small Estate Affidavit to include property not previously included. The final answer may be that you should file an amended Affidavit if you need to in order to cash the CalPERS check.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive... View More

Theressa Hollis
Theressa Hollis
answered on Feb 1, 2023

I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an... View More

2 Answers | Asked in Probate for Oregon on
Q: My uncle died intestate. Do I need to disclose to my family and estate lawyer a bank acct he made me joint owner of?

My uncle recently died unexpectedly w/o a will. A week prior he made me PoA on his bank accounts, primary on a Durable PoA, and primary on his Adv Directive. At the same time he made me joint owner of a large bank account, but the bank manager said they'd discussed this months ago and he even... View More

Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

Yes, you should disclose this account to your estate attorney. He/she needs to know this information to determine whether or not an Estate Tax Return is required to be filed. This Return reports probate and non-probate assets.

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2 Answers | Asked in Probate for Oregon on
Q: My uncle died intestate. Do I need to disclose to my family and estate lawyer a bank acct he made me joint owner of?

My uncle recently died unexpectedly w/o a will. A week prior he made me PoA on his bank accounts, primary on a Durable PoA, and primary on his Adv Directive. At the same time he made me joint owner of a large bank account, but the bank manager said they'd discussed this months ago and he even... View More

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

There is a difference between being a joint account owner and being the beneficiary named in a pay on death directive. It is not uncommon for joint account owners to mutually designate the other owner as POD, but it is not necessarily automatic.

In most--if not all--US states, money on...
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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Theressa Hollis
Theressa Hollis
answered on Jan 3, 2023

Any experienced probate attorney should be able to help you. You will need an attorney licensed in the state where your family member died and/or owned property. If you don't have a Will then usually the closest family member can handle the estate.

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: How do we go about locating an estate attorney for a recently deceased family member, when you cannot locate a will?
Karn Thapar
Karn Thapar
answered on Dec 28, 2022

Hello, any attorney should be able to assist you with this matter. Many times individuals pass without a will, in which case an experienced probate attorney can assist you with the process. Probate is the court process whereby the family member's assets pass to the family. Please feel free... View More

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1 Answer | Asked in Probate for Oregon on
Q: I am co-rep of will.the other rep of will is using her personal lawyer of 5 years to probate for her and contest the wil

can she pay her from estate?

Theressa Hollis
Theressa Hollis
answered on Dec 7, 2022

Usually the person contesting the Will must pay for the initial litigation expenses, however, if they are successful they could ask for court approval for reimbursement from the estate. If you are named as co-Personal Representative in the Will I recommend you hire your own attorney to advise you.

2 Answers | Asked in Probate for Oregon on
Q: What do I do if we only have a scanned copy of my dad's will?

My dad passed in 2005 and a few years ago we learned that there are some outstanding PERS benefits. But to process the required paperwork, we need a certfied copy of his will. And we only have a scanned copy of it.

Theressa Hollis
Theressa Hollis
answered on Dec 2, 2022

It is unlikely that a certified copy of your father's Will is what is needed. If no beneficiary was named by your father for the PERS benefits then a probate is likely what will be required. Depending on the value of the PERS benefits you might be able to file a Small Estate Affidavit. Then... View More

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1 Answer | Asked in Divorce and Probate for Oregon on
Q: Mother in-law died my wife's brother and sister wanted to sell the house me the husband paid the brother for his portion

Me and the wife stayed in the home made the payments from a joint account and I remodeled the house and also help make the payments and paid the sister off from her portion of the house am I initialed to any portion of the sale of the home

Theressa Hollis
Theressa Hollis
answered on Nov 21, 2022

You will need to review the specific facts of your situation with an attorney. The answer to your question will depend on what written agreements you have, how the home is titled, whether or not your mother-in-law left a Will or Trust, how much you can prove you have done to increase the current... View More

1 Answer | Asked in Probate for Oregon on
Q: A mother of 3 adult children 1 living with her dies intestate. How do they determine personal representative?

This is an assignment for LAw 105 Estate Administration & Probate Practice; She has three children, two of them live on their own, and one is living with her. The one living with her has made renovations to the residence. The other two children wish to sell the house at market value, not... View More

Theressa Hollis
Theressa Hollis
answered on Nov 7, 2022

In Oregon, when a person who dies intestate (with no Will) you must look to ORS 112.045 to determine who the estate goes to. If the decedent had no spouse at her death her three children will split the estate equally (assuming she has no children who have predeceased her and left children of their... View More

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