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Oregon Probate Questions & Answers
1 Answer | Asked in Probate for Oregon on
Q: If a divorce decree relinquishes rights to property does that person have rights if former spouse didn't file quitclaim?

mom divorced dad, dad gave money to mom for her part of property. Never filed quitclaim as far as i can tell. This was in Oregon.

Joanne Reisman
Joanne Reisman answered on Mar 25, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: I can still be the PR for my moms estate if ive been convicted of a felony but had my record expunged & cert of rehab
Joanne Reisman
Joanne Reisman answered on Mar 24, 2020

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.

2 Answers | Asked in Probate for Oregon on
Q: My mom passed away and left my cousin as representative . My cousin doesn’t want to do it, can she change it to me?
Nina Whitehurst
Nina Whitehurst answered on Mar 9, 2020

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.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oregon on
Q: I'm wanting to buy property and have reached the seller but his sister who is also on the deed is mia

The sister has not been able to be reached in years

Joanne Reisman
Joanne Reisman answered on Mar 1, 2020

You are not going to be able to buy the property until the sister's interest is resolved.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Oregon on
Q: How do you transfer a piece of real estate before someone dies in order to avoid probate?
Nina Whitehurst
Nina Whitehurst answered on Feb 25, 2020

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 »

1 Answer | Asked in Estate Planning, Collections and Probate for Oregon on
Q: What is the legal process to gain legal authority to act on deceased behalf when there is no will and no estate?

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 »

Theressa Hollis
Theressa Hollis answered on Jan 22, 2020

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 »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oregon on
Q: I have a house on my dads property over 20 yrs..he died and my sister is executor..she is hurrying to sale .i need help

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 »

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2020

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 »

1 Answer | Asked in Family Law and Probate for Oregon on
Q: I live in oregon and I have petitioned the courts for guardianship of a minor.but I need to get him home .

I need to get.him home as soon as possible. How so I do this??@

Joanne Reisman
Joanne Reisman answered on Jan 11, 2020

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 »

2 Answers | Asked in Probate for Oregon on
Q: In Oregon when a descendant dies with a pension, but was never married or had kids, is it possible for the affiant to

collect the pension to help with the descendants debts? The affiant filed a small estate affidavit and is a benificary listed in will, but is not blood related. Thank you for any help

Nina Whitehurst
Nina Whitehurst answered on Jan 5, 2020

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 »

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1 Answer | Asked in Probate for Oregon on
Q: In umatilla county Oregon how to get personal property from persons when affidavit has already been filed.

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 »

Joanne Reisman
Joanne Reisman answered on Jan 3, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My Mother died had no will. One sister States she is “in charge” giving her access to the house/car.What should I do?

I do not believe she has any documents

Joanne Reisman
Joanne Reisman answered on Dec 29, 2019

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 »

1 Answer | Asked in Probate for Oregon on
Q: My husband died without a Will, his 40 yr old son has hired an attorney. What rights to my estate does he have if any?
Joanne Reisman
Joanne Reisman answered on Dec 18, 2019

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...
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2 Answers | Asked in Probate for Oregon on
Q: in a reverse mortgage and the person passes Does the house need to go thru probate.?

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?

Joanne Reisman
Joanne Reisman answered on Dec 12, 2019

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 »

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2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 12, 2019

I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.

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3 Answers | Asked in Probate for Oregon on
Q: My mother passed away. I am both her only heir and executor of her estate can I borrow against her home to pay off debts

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.

Nina Whitehurst
Nina Whitehurst answered on Dec 11, 2019

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.

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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 county as... 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 what... 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 in his name... Read more »

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