Oregon Estate Planning Legal Questions

Michael - the best source of information about a probate is the personal representative of the estate. So, you should direct your inquiry to the personal representative. There is a 4 month creditor claim period that starts to run after notice of the probate is published in the local newspaper. So maybe the personal representative is just waiting out the 4 month period.  John SorlieBryant, Lovlien & JarvisBend, Oregon... Read More

Hello - I am an attorney in Oregon. You have 2 options to accesst the funds in your brother's bank account. First, a  bank may, but is not required to, disburse a deceased depositor’s account of $25,000 or less if the claimant furnishes the affidavit prescribed in ORS 708A.430(2). So, if you can point that process out to the bank they likely have a form of affidavit that you can sign to get access to the funds. Second, you can file a small estate affidavit in the probate court of the county where your brother lived. Unfortunately the cost of filing this affidavit would be almost as much as what is left in the account. So, this may not be a viable alternative. You can likely get a form of a small estate affidavit from the probate court where it would be filed. Hope that helps.   John SorlieBryant, Lovlien & Jarvis... Read More

Your grandmother certainly has the right to set up her estate plan as she chooses, assuming she has the legal mental capacity and is not under any undue influence. There are many pros and cons to the plan you described (too many to cover here), so I recommend your grandmother meet with a good estate planning attorney to discuss those issues and options.... Read More

Start looking.  It is the duty of the executor or administrator settling her estate to gather her assets, pay her debts and distribute the rest according to her Will or, if there is no Will, you state's heirship laws.  Unless you are the sole beneficiary under the Will or the sole heir and there is no debt which must be paid by selling the house, the person settling your grandmother's estate is legally obligated to evict you.... Read More

Look on the list of probate lawyers on this site.  If there is not one near you, ask the county court for a list or look on the website of your state bar for a lawyer who does estate planning.  Note that relatively few people need revocable living trusts for estate tax or other purposes these days.  You may not be one of them.... Read More

If a wrongful death suit has been filed and the driver was under 18 and his mother was responsible for his actions and a home is not exempt in bankruptcy in Oregon, it might be possible.  Your description has too few facts and there are too many ifs here to answer.  You might want to check the court records.... Read More

Because Medicaid is administered by and partly paid by the states, you need to see an Oregon lawyer knowledgable about special needs trusts there.  You could look for a member of the Special Needs Alliance or the National Academy of Elder Law and Special Needs Attorneys, using the Find a Lawyer function (www.naela.org)... Read More

They probably can, although there may be terms in the trust agreement that would make it problematic. The trustees have to consider all your mother's debts, make sure her taxes are paid, and tie up many loose ends before their job is done. If they are following a statutory procedure regarding creditors it will take at least four months. Haste makes waste.... Read More

Maybe; very likely not. Most married couples in Oregon hold real property as "tenants by the entirety." This is a survivorship estate when one owner passes away, the other owner owns the whole of the property by operation of law. Check the deed by which your mother and step-father owned the property. Actually, too, if he's able to sell the house without probating your mother's estate, then it's almost certain they owned the house as tenants by the entirety.... Read More

The answer to this question depends on the language of the deed to the property. If your mother and your step-father had taken title to the property as ?husband and wife as tenants by the entirety, when your mother died your step-father became the sole owner of the property with no right of inheritance to you and/or your brother. If, on the other hand, they had taken title to the property as tenants in common, your step-father would be entitled to one-half the net proceeds of the sale and you and your brother would be entitled to inherit your mother's share, assuming she provided for that in her will. If she had no will when she passed, or if she did have a will but made no bequest to you and/or your brother, you need to talk with a lawyer about the process of filing a probate action to perfect your interests in the property.... Read More

Since you remain responsible for a mortgage on the property despite the direction ion the divorce decree you would be an "interested person" under the probate statute. As an interested person you could open a probate and have an estate representative appointed. You should review your rights and options with a probate attorney.... Read More

If your husband signed as a guarantor when his mom checked into the care home, then he may be responsible. If he did not sign as a guarantor, and you are not inheriting anything, then in general you're not liable for her debts. The trick here is not to put yourself in the position of being the executor of her estate. If you administer any assets, you may become liable for debts and taxes.... Read More

You (and your siblings) were entitled to half of your father's estate, if he died without a will, AND if he hadn't transferred the house to joint ownership between him and his new wife. Many married couples own everything jointly therefore nothing is subject to the will or probate. It sounds like you are a few steps behind, if stepmother has already died. You need to hire a lawyer and get started running this down before statutes of limitations start to close on you.... Read More

This totally depends on her situation financially and legally. A POA and a Will is a good start; however, there are many situations where they are not enough. Not the least of which is the hassle and cost of a probate. A Will speaks only through probate. If you have a Will, it means you plan to have a probate proceeding. The next step up is a living trust that solves many of these problems.... Read More

Maybe. It worries me that you use the term "attorney in fact" with regard to a will. Is this a do-it-yourself or internet will? In Oregon, the executor of the will is called the "personal representative." It makes me wonder what else might be wrong with the will. With the POA, it will work best if your aunt visits her bank with you, to introduce you. Banks and brokerages don't legally have to accept POA, and they are very suspicious. Please be advised that, as POA, you can only do those things your aunt would do if she were able, and only things that are solely for her benefit.... Read More

Power of attorney no longer matters, after the principal has died. Your mother and father should have wills, which will govern the disposition of their property. If they did not have wills (they died "intestate") then any one of you siblings can open probate, and demand the return of all of their property for purposes of administration.... Read More

Your post concerns the registration and the loan; what matters is the title to the car. I assume that's only in your late husband's name since the loan is. As long as you're insured, you're safe to drive it. When you move to the new state, though, you probably won't be able to get a registration on the vehicle if you're not on the title. You will also run into trouble when you go to sell the car or trade it in. If there aren't any other assets that were just in his name, you could file a "small estate affidavit" in Oregon. You'll need his death certificate and the original of his will.... Read More