My mom has a lot of bills, taxes, obligations, etc. that are piling up w/late charges. It does not make sense to let it go on and on. Can a court force him to file quickly? Or can I or one of my siblings' file for probate and disregard him? He was named executor in her will, but not by the court.
Assuming there are assets in your mother's name alone that require probate, you could hire an attorney to send a demand letter to the nominated Personal Representative. If that didn't work you could send a demand letter to the second person nominated in the Will. It is also possible to...Read more »
There is no time requirements on filing a probate after a person dies. If the decedent owned real property then the nominated Personal Representative (this is what Oregon calls the Executor) should probably file the probate quickly so that they have legal authority to deal with the property. Once...Read more »
I assume you are trying to file a Small Estate Affidavit. You can do this as a creditor but you will need to order the decedent's Death Certificate. You can do so directly from the county or try this website: https://www.vitalchek.com/death-certificates
His children are not handling the small estate and refuse to communicate. I've made several attempts to contact his children to discuss the matter but have gotten no response. The oldest son is actually an attorney in portland and it shocking that he would bury his father ,I believe, unlawfully .
Oregon law does actually allow a person to bury a family member on their property if certain requirements have been met. A small estate would be required if your boyfriend owned assets in his name alone at his death and those assets totaled less than $75,000 of personal property and/or $200,000 of...Read more »
"The Transfer on Death Deed does not include the decedent's tangible personal property". We knew this to be true but are wondering if this is documented somewhere on line? It appears the PR will have to remind the new homeowner of this as the attorney feels he has already done so.... Read more »
I'm not able to answer your question about the new homeowner acting illegally. I recommend that PR speak to his/her attorney about contacting the new homeowner and making a plan to deal with the tangible personal property.
of the home, yet the family is to inherit all of the contents of the home, how is the personal rep (family member) able to secure these items as part of their responsibility to the estate? We have found that the new homeowner has been sorting through items that belong to the family and in some... Read more »
I recommend the PR work to improve communication with his/her attorney. If necessary the PR could hire a crew to empty all of the decedent's personal property into a storage unit to get the PR more time to go through the items. The Transfer on Death Deed does not include the decedent's...Read more »
In some counties in Oregon you are required to prove that you have the knowledge to proceed with a probate without legal representation. Honestly, considering how many deadlines and specific legal documents are required I strongly recommend you consider hiring a probate attorney. I think it is...Read more »
My attorney says it's a conflict and cannot represent the professional guarantor because shes my atty. So how do I get this started? Sibling rivalry so I cannot be the rep. As it would create a family war.
You can still act as Petitioner and your attorney can create and file the Probate Petition to begin the probate. Your Petition would request appointment of the professional fiduciary and include a Consent signed by they professional. The professional fiduciary will hire his/her own attorney.
Yes, you can still file an Affidavit of Claiming Successor (small estate) in Multnomah County. Unfortunately, the Court is not currently issuing certified copies. I recommend you have a probate attorney assist you and he/she will be able to print off the Affidavit from OCJIN once it is filed so...Read more »
Since there is no Will your siblings will have an opportunity to object to the appointment of a professional as Personal Representative. However, sometimes this is the best solution to a challenging family dynamic. I recommend you go to the website for the Guardian/ Conservator Association of...Read more »
I filled them out 5 weeks ago and sent them to the court to be signed. They are requesting phone records, text messages, Documents for a will contest. The judge is holding them and when I check it is something different. Today I was told the Judge is researching to see if he can even sign them? If... Read more »
I recommend you hire an attorney to assist you with this case. I'm not entirely sure what "Subpoenas for information" refers to. If you are trying to pursue a Will contest there are important time limits in place so it's essential that you hire an experienced probate litigator as soon as possible
Please accept my condolences on your loss. Sometimes even small estates must be filed with the Court. If the case is filed with the probate Court then you will receive a copy of the pleadings along with your father's Will. Be sure that whomever is in charge according to the Will has your...Read more »
a fiduciary that has been biased towards on beneficiary and assets are missing, he let one property go to foreclosure, hasn't submitted any detailed information to the beneficiaries or courts just a few major items and a lot of miscellaneous. Bank accounts ar missing and money is missing as... Read more »
My father passed away from asbestosis he had a will and they will not give me info on estate. My brother and step mom. We also had a wrongful death suit which they tried to keep me out of also but were told they could not to move forward . My father passed in 2007 I just recently received a very... Read more »
Unfortunately, no attorney will be able to answer your specific questions online. You should locate an experienced probate attorney in the jurisdiction where your father's estate was probated. The law firm you reference are in California so that may be where you need to hire an attorney....Read more »
I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF... Read more »
Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a...Read more »
My mom has roughly 100 non-running or junk vehicles that are titled either to her or one of her closed businesses. Before she passes, should I re-title them in the name of her Trust, or should I let them go through probate? The only value they will have to me is most likely scrap value.
You could put them in her trust. You could also put them in your name now. It just depends which is easier; especially when you consider that each title fee will be charged 100 times. I suggest doing something now rather than letting them go through probate.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.