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Oregon Probate Questions & Answers
1 Answer | Asked in Probate for Oregon on
Q: The person that is supposed to file probate in Oregon on my mom's estate/property is doing nothing. What can I do?

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.

Theressa Hollis
Theressa Hollis answered on Sep 21, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: How long after my mom's death does the yet to be appointed (by the court) executor have to file for probate in Oregon?

How long does the same yet to be appointed executor have (in Oregon) to distribute copies of the will to her heirs?

Theressa Hollis
Theressa Hollis answered on Sep 21, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: How do I file a claim against an estate as a creditor , when they require a death cert that I can't get.

Court says must attach death cert. Can't get one. No will, There's no probate, no executer no nothing. Heirs won't do anything.

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

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

You would only file a Small...
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1 Answer | Asked in Probate for Oregon on
Q: My boyfriend died intestate and his kids dug a hole and buried him in the yard, can I be appt'd pr w/o their permission?

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 .

Theressa Hollis
Theressa Hollis answered on Sep 15, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: Re: question asked on 8/10 about TODD, Ms. Hollis stated the following:

"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 »

Theressa Hollis
Theressa Hollis answered on Aug 11, 2020

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.

1 Answer | Asked in Probate for Oregon on
Q: Re: Transfer on Death Deed: When there is a transfer on death deed and one party (non family) is the new owner..

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 »

Theressa Hollis
Theressa Hollis answered on Aug 10, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: Can you go through probate for a regular estate (not small) without a lawyer in Oregon?

If you can, how do you do that?

Theressa Hollis
Theressa Hollis answered on Aug 4, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: If I found someone to act as personal representative over dads estate through the Oregon website, do Ineed an attorney?

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.

Theressa Hollis
Theressa Hollis answered on Jul 20, 2020

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.

1 Answer | Asked in Probate for Oregon on
Q: Is Multnomah County accepting small estate probate claims during Phase 1 reopening, re: Covid19
Theressa Hollis
Theressa Hollis answered on Jul 20, 2020

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 »

1 Answer | Asked in Probate for Oregon on
Q: How do I hire a professional excutor for probate in oregon? Sibling rivalry and my brothers living in my dads house

I dont want to be the executor but want to start probate. My brother is living in my dads house making morgage payments. There is no will

Theressa Hollis
Theressa Hollis answered on Jul 17, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: Am I able to file to file a small estate affidavit, since I am listed as 100% owner since my husband died?

We owned the house outright, but he took out a 30 yr mortgage in his name. I am paying that monthly , but it is a debt. If I had to claim the house, it may come in at over $200,000 limit..

Theressa Hollis
Theressa Hollis answered on Jul 14, 2020

If you are on the Deed to the house then you likely do not need a probate or small estate affidavit. You can just keep paying the mortgage or refinance it into your name.

If it is only your husband's name on the Deed then you will need a full probate if the fair market value as of his...
Read more »

1 Answer | Asked in Probate for Oregon on
Q: I have filled out subpoenas for information in a probate case. The judge is holding them.

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 »

Theressa Hollis
Theressa Hollis answered on Jul 13, 2020

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

1 Answer | Asked in Probate for Oregon on
Q: My father died with a will in Oregon. Do I have a right, to see his will. This is a small estate, so no probate.

I have been told my brother is the only heir, out of five sibblings. I, want to see the will am I entitled to see my father's will?

Theressa Hollis
Theressa Hollis answered on Jun 26, 2020

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 »

2 Answers | Asked in Probate for Oregon on
Q: If two siblings (beneficiaries) don't agree after the death of their father and there is no will and the court appointed

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 »

Nina Whitehurst
Nina Whitehurst answered on Jun 2, 2020

It is not true that the executor can do whatever he wants, and you have remedies if he has engaged in malfeasance. Consult with a probate litigation attorney in your area.

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1 Answer | Asked in Estate Planning, Legal Malpractice and Probate for Oregon on
Q: My father pass Away in 2007 and I've been trying to find a will or any information ever since my brother will not give m

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 »

Theressa Hollis
Theressa Hollis answered on May 18, 2020

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 »

1 Answer | Asked in Estate Planning, Personal Injury and Probate for Oregon on
Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

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 »

Theressa Hollis
Theressa Hollis answered on May 6, 2020

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 »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: Should I let my mom's 100 or so junk vehicles go through probate or should they be re-titled to her Trust?

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.

Aaron Epling
Aaron Epling answered on May 4, 2020

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.

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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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