Oregon Estate Planning Legal Questions

Tough one. If your mother wants him out, it might be possible. Given that he has lived there as your mother and father's guest for 13 years (and I'm assuming now that the house was owned only by your father, as trustee of his trust, and that your mother has no position other than as [again assuming] a life beneficiary in the house) and your father left no specific directions regarding occupancy of the house by your brother, then it will be difficult to get him out, if not impossible. It would be necessary to review the trust document to know for sure. Also, if you could show that there is elder financial abuse (brother is taking money from Mom) or worse, physical abuse, then you could seek an elder abuse restraining order against brother which would require that he move. This is one where you'll need assistance from a lawyer, preferably one who works in trust litigation or elder abuse issues.... Read Answer

Any person who inherited property or money from your father is responsible for paying his creditors, to the extent of the value of what they inherit. However, there is a priority for payment of creditors; if your father was receiving any public benefits like Medicaid or Oregon Health Plan, there might be an amount payable to the Oregon Department of Human Services. One of the creditors would be landlord, who is owed rent until you turned the keys over. But if no one is inheriting anything, then no one needs to pay anything.... Read Answer

It depends. The principal amount of an inheritance is not income-taxable anywhere I know of, but if the estate earns money during administration, the income is taxable. Contact the personal representative of the estate. Also, you may be able to get a refund of the amount withheld by the other state. Talk to your tax adviser. ... Read Answer

This question is too complex for an answer here. You need to contact an estate litigation lawyer to investigate whether there is anything you can do. Commonly, married people hold their property jointly, with right of survivorship. The new wife may have inherited all by operation of law, and may not need to file probate.... Read Answer

The buyer's estate (personal representative, trustee or administrator) may decide to go ahead and complete the purchase. If the estate defaults, then you foreclose your security interest (with the PR, trustee or administrator as defendant) as with any buyer. It sounds to me like you need a lawyer. With an occupant in the property, there are many picky notice requirements in the new foreclosure laws.... Read Answer

In California there is an Affidavit or Declaration procedure available for a much-simplified probate procedure if the assets that don't pass automatically as joint tenancy property total less than $150,000.00. You may have to wait for the foreclosures to be completed in order to meet that threshold. You will also need an Inventory and Appraisal of the property by a Probate Referee. All Successors in Interest would need to join in the Petition. The procedure is not available to effect a transfer of the property, so it would need to be done in two steps, first getting the property into the names of the Successors in Interest (the people named in the Will to receive it or, if no Will, the heirs of the decedent) and only after that would the Successors be able to complete a sale to third persons. There is no publication of notice required, so creditors are less likely to learn of the procedure. There is also an affidavit procedure which avoids court altogether as well as not requiring an Inventory, but that procedure is only available if the gross value of the real property does not exceed $50,000.00. There is no other way to effectively transfer property of a deceased person which avoids probate. Your signatures on a deed would be invalid to transfer title.... Read Answer

You will need to submit grandma's will to the court for probate; you'll want a lawyer to assist with this. You should pose this question to your probate lawyer. My answer is that you will need the son's agreement to make the changes you outline, unless grandma wrote out, signed and dated some attempt in writing to change the will.... Read Answer

Contact a lawyer who practices in elder law and estate litigation now. Do not delay. It may be that your brother is just doing what needs to be done. Or, he may be stealing your inheritance. If he is stealing, each day that passes will make it more difficult, and less likely, that you get things put back the way they should be.... Read Answer

The steps you describe, locking you out and shutting off the water, are not legal for a landlord in Oregon. See your local Legal Aid office for assistance. That said, as a probate lawyer I have faced this situation: in order to settle the probate, it is almost certain that the house is going to have to be sold. It can't be sold while you're there. The PR is between a rock and a hard place. You will have to move eventually. So get assistance with resisting the wrongful actions taken by the landlord. But start looking for housing.... Read Answer

Because there is no will or testamentary trust, your friend's son and/or daughter will have to file a probate action in the Circuit Court for the county where their father lived before he passed away. If they are the only heirs, and if they are in agreement to equally divide their father?s estate, that would make the process pretty simple. The petition for determining the disposition of the estate would have to list all of the assets along with any debts their father owed when he died. After receiving the evidence, the Court would order the debts to be paid after which the remainder of the estate would be divided between the decedent's children. You can look up a local attorney who does probate cases by checking with the Oregon State Bar's referral service which is available on-line.... Read Answer

"trust" and "joint tenants with right of survivorship" should not be found in the same sentence in Oregon. It sounds like your mother's trust was not funded properly essentially everything may be up in the air, litigation may be coming. You should hire a good estate litigation lawyer and get out in front of this.... Read Answer

There is no more "reading of the will." That was Hollywood, and I don't know, maybe they did that in the 19th century. Now, the will is submitted to the probate court, and then anybody can see it. If there are substantial assets that you feel you are entitled to, then hire a lawyer now and begin the investigation. My guess (it's just a guess) is that your father's will said "all to my spouse." Everything to the step-mom, and you're out. If you could show that your dad and his wife had a joint estate plan and an agreement not to change the plan after the death of the first, then you have an argument. But lawyer up now and get to work on it, because your chances of recovering anything are slipping away.... Read Answer

You didn't say, but I assume your father has died; I also assume that your father was completely incapacitated before he died. If he isn't incapacitated, ask him straight up whether he wants your brother to get all of his estate when he dies. If that's not your father's plan, then lawyer up and do it fast, or you will never ever be able to think of your father without thinking about how your brother ripped you off. And no, on just the issue of the taxes, if you got none of the money, there is no way you owe any of the tax.... Read Answer

I'm not sure I understand why the fund in his account will be paid to you in 75 days? Are you a "payable on death" beneficiary in the account? The basic answer to your question is if you get any money or property from your brother's estate, you are liable to his creditors to that amount. If you pay one creditor, you may be liable to another who is not paid. Safest is to not take anything from your brother's estate, but tell each creditor about the Taurus and the bank account, and let them fight it out.... Read Answer