Our mother passed and because her real estate was less than 200k and other assets minimal, we filed a Small Estate Affidavit in Oregon. There was a will listing us children as beneficiaries of all assets and specifying one of us as Executor. However, now we realize that this Small Estate process... Read more »
You are correct that Oregon's small estate procedure does not result in the appointment of a Personal Representative or issuance of Letters Testamentary. All you receive is a certified copy of the Affidavit of Claiming Successor (Small Estate Affidavit). Banks in Oregon are supposed to honor...Read more »
No. If the estate is named as the beneficiary the financial institution will require a Personal Representative (the term for Executor in Oregon) to be appointed by the Court in order to receive the investment account balance.
If you wish to avoid probate you can name your beneficiaries...Read more »
The most recent Will that your father signed is his valid Will unless he married after he signed it. To locate the Will you can ask your father's partner to look through his important papers and check any safe deposit boxes. If you can find out what attorney your father hired in the...Read more »
Executor in WA is my sibling. I am in AK. Other sibling reports Executor claims to have contacted all siblings to ask permission to dispose of certain assets. I have not been contacted. Executor is unwilling to communicate but I understand by law they are required to contact me.
When wife dies, how are proceeds divided? Can title be changed now? Nothing ever probated and title is still listed as husband and wife. He died 10 years ago. No personal representative was ever done. Children on both sides.
The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the...Read more »
My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR.... Read more »
I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the...Read more »
Monthly earnings have been depositing in our bank account still. He died over a year ago and I did not know the will had to be probated. The will states that everything goes to me. I have had access to this money in our account and have been paying the quarterly taxes, but I did not know I had to... Read more »
You shouldn't worry about getting in trouble but it's a good idea to get this taken care of properly. Contact an attorney in the state where the oil rights are to find out what you need to do next. There is probably a simple procedure for you to get them transferred to you.
Yes. If your mobile home is on a rented space and not attached to land that you own then it is considered tangible personal property. It's real property if it's attached to land you own. If you want to be sure to control who the mobile home goes to you can also just list it...Read more »
The (down payment) proceeds we're transferred into a living trust but a promissory note for the balance was not transferred into the living trust before our Fathe passed. This promissory note was held by our Father alone (did not include his surviving spouse) and represents a lean on our real... Read more »
It's possible that your father assigned his interest in the promissory note to his Trust before he died. If not then it's too late to transfer it into the Trust - the balance of the promissory note will need to be probated. I recommend you consult with a probate attorney who can look at...Read more »
I'm in the will he's keeping property from me, I was his father (owner of estate) caretaker and significant other for 4 years. I'm owed for my services. His son the executor kicked me out I am disabled and I need my belongings I was promised by him prior that he would let me stay in... Read more »
No. Oregon law requires that you list the property with its Fair Market Value as of the date of death (or, if it has been a year since the person passed the value within 45 days of filing the small estate affidavit). You do not reduce the value by any mortgage, liens or property taxes owed....Read more »
My half-sibling is the beneficiary of my father's trust, but he also has a will that I'm (and other siblings) name in. She refuses to send it to us. I've tried contacting the records dept. and recorder's office of Multnomah County, but they have nothing on file. Is she... Read more »
Anyone can try to challenge anything in Court but that doesn't mean they will be successful. If you receive Court documents I recommend you consult with an experienced probate attorney who will review the Deed and give you specific legal advice for your situation.
Although I can't speak to your specific situation I can tell you that under Oregon intestate law if a person died with no Will and he had no spouse, no children and no surviving parents his probate estate would be divided among his surviving siblings and the children of his predeceased...Read more »
If the Trustee prefers that you sign the document and mail it to her then there's no reason not to do that. Estate planning and probate documents are not generally signed using an electronic signature.
In Oregon filing a Small Estate Affidavit does NOT get you Letters Testamentary (called Letters of Administration for estates without Wills). However, you can use a court-certified copy of your Small Estate Affidavit to manage the assets listed in the Affidavit. If you need further assistance I...Read more »
The assets in your mother's estate should be used to pay her bills. You may need to file a probate or small estate with the Court. There's a good chance that your father is now the sole owner on the house so he likely owes the mortgage. However, he might not have to pay your...Read more »
I'm very sorry for your loss. I recommend you schedule a phone or Zoom conference with an experienced probate attorney. The attorney can help you either file a full probate, a small or estate or possibly even avoid the probate process (there is a non-probate way to transfer mobile homes).
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