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Oregon Probate Questions & Answers
2 Answers | Asked in Probate for Oregon on
Q: Mom died. All her assets are in a trust. Do I (trustee) have to file her will if it has nothing to probate? Thanks.
Theressa Hollis
Theressa Hollis answered on Jun 9, 2021

No, if none of your mother's assets are in her name alone then no probate is needed. I do recommend you consult with an experienced attorney to make sure you understand your duties as Successor Trustee. Often this is just a one-time consultation but can be very important to ensure that you... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom's estate is in Probate (Oregon). I Plan to sell her house. Am I required to first have it appraised?

Q: I'm told that I need to prove to the probate judge that I sold it for a price that was fair as of the date of death. Is that true? Can i do that without an appraisal?

Theressa Hollis
Theressa Hollis answered on May 17, 2021

If you are Personal Representative for your mother's estate you should ask your attorney this question. In general you can have a realtor create a Comparative Market Analysis (CMA) for you or you can pay for the property to be appraised. However, there are a lot of fact-specific issues in... Read more »

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: What happens next when the state has temporary guardian and conservator of a lady. APS has been involved.

3 seporate times the lady has wondered out and police has brought her home.

Theressa Hollis
Theressa Hollis answered on May 17, 2021

If a temporary guardian and conservator have been appointed that person will step in to take control of the protected person's medical and placement decisions as well as controlling her finances. The temporary conservator will be responsible to paying all of her bills. The temporary guardian... Read more »

2 Answers | Asked in Estate Planning and Probate for Oregon on
Q: My farther passed away with no will I have two siblings that are his wife's and I have a different mom Oregon law

States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right

Nina Whitehurst
Nina Whitehurst answered on May 4, 2021

When a person dies leaving a surviving spouse and children, at least one of whom is not by the surviving spouse then the surviving spouse gets half and the decedent’s children ( all of them, not just you) share the other half equally.

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1 Answer | Asked in Collections and Probate for Oregon on
Q: Who takes possession of a deceased's unregistered car with no probate, no heirs, and lots of debt?

My estranged father passed away with no will and no other heirs. He had a mountain of debt, and his only possession of value is a vehicle which he recently purchased but had not yet registered. I want no part of the probate process. I'm assuming the vehicle then belongs to the state, who has... Read more »

Theressa Hollis
Theressa Hollis answered on Mar 29, 2021

If you were not adopted by another family then you might be your father's only heir. However, that does not mean that you are required to handle his estate. If the car was never registered in your father's name then it should still be in the seller's name. I would contact one of... Read more »

2 Answers | Asked in Estate Planning, Collections and Probate for Oregon on
Q: Mother in-law deceased 4.18.2020. All known debts paid. 8 months after Medicare trying to collect debt.can they?
Theressa Hollis
Theressa Hollis answered on Mar 17, 2021

It's likely that you have been contacted by Medicaid (not Medicare) because your mother-in-law was receiving public benefits to pay for her long-term care. I recommend you schedule an appointment with an experienced probate attorney to review the claim and advise you.

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1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: My mom named the youngest sibling the executor of her will. Can he do what he wants with the property?

There are 3 siblings and the youngest was named executor. She listed a few things that were to go to each of us in her will. I'm curious as to what happens with her real estate as it wasn't mentioned to whom it goes to. She wasn't married at time of death. Does the executor get to... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Feb 11, 2021

A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.

If your mother owned the real estate in her individual...
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1 Answer | Asked in Estate Planning, Health Care Law, Elder Law and Probate for Oregon on
Q: Is it possible to hire an executor, health agent, etc. to assist me with my end of life planning?

I am trying to get ready to plan for end of life, but have no one to appoint as a health care proxy, medical/patient advocate, executor, or digital fiduciary.

I have no spouse, siblings, or children. My friends are older than me, living out-of-state, and/or would not be up to the task of... Read more »

Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

Yes, this is absolutely possible and good for you for doing your advance planning. You can start by looking at the Guardian Conservator Association of Oregon https://www.gcaoregon.org/practitioners. You can also hire an experienced estate planning attorney who will give you referrals to... Read more »

1 Answer | Asked in Probate for Oregon on
Q: In Oregon if my sister is executor of estate but sold house at undermarket value what are my rights?
Theressa Hollis
Theressa Hollis answered on Feb 2, 2021

I recommend you hire an experienced probate attorney to assist you. It's possible to object to the sales price but you should do so right away.

1 Answer | Asked in Banking and Probate for Oregon on
Q: Filed Small Estate Affidavit. Need bank account open but don't have letters of Testamentary (of course). Know of a bank?

Banks are asking for Letters of Testamentary, and I tell them that the estate filed Small Estate Affidavit, so no letters of Testamentary, and I provide them a certified copy of the Affidavit, but they won't help. Are there any banks that will open an account with the Small Estate? I need to... Read more »

Theressa Hollis
Theressa Hollis answered on Jan 27, 2021

I'm sorry for your loss. Trouble with banks and small estates is a common challenge, unfortunately. I recommend trying a Credit Union in Oregon to set up the estate account. Since every state has a different small estate procedure it's unlikely that you will convince a bank in Fargo to... Read more »

1 Answer | Asked in Probate for Oregon on
Q: What happens to a house after probate in Oregon? Can the heirs sell it or does it have to be sold in probate?

There is only my brother and myself as heirs.

Theressa Hollis
Theressa Hollis answered on Jan 4, 2021

The court-appointed Personal Representative (executor) has the authority to sell a house during the probate as long as it is not specifically devised to anyone. The other option is that the house can be deeded to the heirs/devisees and they can sell it after the probate has closed.

1 Answer | Asked in Estate Planning and Probate for Oregon on
Q: I have a simple will and have named an executor. How do I make sure small household items go to specific people?

I was told that some states require you to itemize even small things in the actual will, otherwise they will all be sold & money distributed. Some things are sentimental rather than valuable. In Oregon, is it sufficient to just provide the executor with a list of items & who they should... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 2, 2021

You don't have to rewrite your will every time, but you do need to write it once to refer to a personal property memorandum that you can then add to or change at any time and from time to time. Here is the statute:

https://www.oregonlaws.org/ors/112.260

1 Answer | Asked in Foreclosure and Probate for Oregon on
Q: How can I obtain legal rights to my parents property after they have passed and left no will.

A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.

Vincent J. Bernabei
Vincent J. Bernabei answered on Dec 22, 2020

Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as real property (home and land).

A probate is needed to clear title to land or a home that was held in the name of the deceased...
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2 Answers | Asked in Probate for Oregon on
Q: my sister left no will or anything and has 2000 in bank, can i close acct with death certificate?

Not sure how oregon laws work and if probate is always needed when someone really does not own anything and very small funds in bank left

Theressa Hollis
Theressa Hollis answered on Dec 14, 2020

Maybe. If your sister had no surviving spouse, adult children or parents then you could sign an Affidavit at the bank pursuant to ORS 708A.430 promising that you will use the money to pay her funeral expenses and any other outstanding bills of hers. There is also a waiting period during which the... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: Can Oregon Estate administration take money from an intestate heir AFTER probate has closed?

My wife’s father passed away a year after his mother passed. He never did anything with the money and had the account made in his name by his sister here in Ca. My wife was the sole intestate heir. Probate was held and has closed in Oregon where he lived. Oregon H& HS has told her that her... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 9, 2020

Unfortunately your question is far too complicated to answer online. Oregon Estate Administration should have received notice of your father-in-law's probate if the probate had been filed in Oregon. I strongly recommend your wife contact an experienced probate attorney to assist her. It is... Read more »

1 Answer | Asked in Probate for Oregon on
Q: My sister-in-law passed away intestate & heirs don't want to file for probate. What happens to her estate?

Assets <$10,000 but credit card debt alone greatly exceeds that. Also a pension balance has a beneficiary.

Theressa Hollis
Theressa Hollis answered on Nov 30, 2020

If your sister-in-law's debts exceed her assets then her estate is insolvent. It's common for family to not want to file an insolvent probate since there often isn't anything in it for them. Your sister-in-law's assets may eventually be sent to the Department of State Lands... Read more »

1 Answer | Asked in Probate for Oregon on
Q: IF THERE WAS NO BOND ON PROBATE AND ALL THE NON PROBATED ASSETS DISAPPEAERED WHILE PROBATE WAS OPEN.CAN IT BE REOPENED

16 years later.when the executor learns that the probate lawyer assisted the other sibling in stealing it all

Theressa Hollis
Theressa Hollis answered on Nov 24, 2020

If you have a complaint against an Oregon attorney you could contact the Oregon State Bar. Yes, probates can be reopened if necessary. You might want to pay a probate attorney for an hour of time to review the facts in your case to determine what next steps you should take.

2 Answers | Asked in Probate for Oregon on
Q: no will or power of attorny on my stepdad n moms house stepdad died 28 days later my mom did i need to know how to claim

my mother died 4 days ago n i need to know how to file claim on house in oregon no will or power of attorny im oldest child my sister died as baby n my brother doesnt want it

Theressa Hollis
Theressa Hollis answered on Nov 20, 2020

I'm very sorry for your losses. I recommend you hire a probate attorney. If the house is in Oregon it's likely there needs to be a probate on at least your mom's estate. It's possible for your brother to sign a Disclaimer. If he has no children, that should give his share of... Read more »

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1 Answer | Asked in Probate for Oregon on
Q: My aunt passed away and left a lot of debt. My dad (her brother) thinks he needs to pay this debt off on his own.

W

Theressa Hollis
Theressa Hollis answered on Nov 19, 2020

Your dad is not personally liable for any debt that he did not incur. It's common for family members to feel responsible for "doing the right thing" and paying off their loved one's debts at the death. However, this is not required. If you Aunt left any assets in her name... Read more »

2 Answers | Asked in Probate for Oregon on
Q: In my mom's Probate case the Probate Lawyer sent us paperwork containing an invalid (earlier) Will and also in the Court

paperwork listed her surviving husband as heir or devisee when he is not listed in the Will as such and in fact signed a Waiver of Elective Share that is referenced in the Will. My sister and I think that these issues are not valid or legal. We have sent the Lawyer a letter detailing these two... Read more »

Vincent J. Bernabei
Vincent J. Bernabei answered on Nov 17, 2020

There are many variables to consider, but in most cases, you have four months to file an objection disputing the validity of the will that was submitted to the probate court . The time for objecting begins to run from the date you received notice of the probate proceeding. The objection must be... Read more »

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