Oregon Estate Planning Legal Questions

In Oregon, we don't record Wills any more. Your mother's husband's will is completely private unless he chooses to share it with you. If you are close to him, and are assisting him with his estate planning, then he can tell you where the original of his will is, and you can go over it with him. Note that photocopies are not good you will need the original to submit to probate.... Read More

Only if you can explain what happened to the original (Oregon answer). There is a presumption that, if the original can't be found, the testator destroyed it intending to revoke it. You will have to plead and prove that is not the case essentially explain to the satisfaction of the court the reason (other than destruction by the testator) that the original will is missing. Are you sure probate is necessary? Why wouldn't the decedent simply have named you "payable on death" beneficiary of the account? Also, if that dollar amount is all the decedent owned when he passed away, a Small Estate Affidavit will be sufficient, but only if you can find the original will.... Read More

That's a really tough one. First, if Mom's roommate is over 65 (and this is Oregon, right?) be extra extremely careful not to do anything that might be construed as harassment or elder abuse. First, point out to roommate that she can't keep your mom's stuff that's illegal. On your mom's death, her stuff is owned by you and her other heirs at law. It's your stuff now. You didn't indicate what your mother owned. Even if there is no real property, wouldn't there be bank or brokerage accounts, a vehicle, something else that needs to be transferred? If yes, all goes into probate together, and the cost of probate is paid from the decedent's assets. You may be able to do a small estate affidavit, which only costs $110 or so to file. Call the Oregon State Bar and get the names of some probate lawyers in your area. They agree to do a low cost initial consultation. Go to the lawyer's office with a list of what your mother owned (best guess), and see what solution can be thought of.... Read More

If you have been appointed personal representative, then the attorney represents you and you should ask this question of the attorney. If you have* not *been appointed personal representative, you should turn over the keys to any estate property to the personal representative or his or her attorney. Either way, somebody is appointed personal representative (or administrator, if there was no will) and that person has duties to heirs or devises and creditors (including taxing agencies).... Read More

Well, that depends. If she had a will when she died that listed her bank account as an asset, the terms of the Will would govern who gets the funds in the account. On the other hand, if she died intestate (no written will), you would have a claim to the funds as a joint account holder. You should consult with a lawyer who does probate cases to figure this out.... Read More

We would need a lot more information in order to answer this question. For instance, we would need to know (1) what person, persons or entity owns the home; (2) is there a will or testamentary trust that directs what happens to the house after Dad passed on; and (3) what was the reason the sibling that was caring for Dad got thrown out. When somebody dies, that family cannot just divvy up his stuff however they want to. When you die, the disbursement of the estate (the dead person?s property) is determined by the Will and/or testamentary trust. If there is no will or testamentary trust, someone in the family has to file a probate action in the local court and serve all the other parties that are descendants or other heirs of the person who died. In that action, the court will receive testimony as to what the estate contains and who should get it. Normally, all descendants share alike unless there is an heir who did bad things to the dead person or has special needs that would cause the court to award that person a larger share of the estate. If there is a will, the named personal representative is responsible for distributing the estate to the heirs but there are certain legal steps that have to be taken if the estate exceeds certain amounts or there are disputes among the heirs about who gets what. I recommend that you consult with a local attorney who does will and trust work to get a better idea as to what you should be doing now.... Read More

Yes, it's legal; the right to possession of the property is held by the personal representative appointed by the court. So it's up to the personal representative whether anyone can stay in real property held by the estate. In some cases it's good to have the property occupied. However, at some point the property will need to be sold. At that time, most realtors I talk to prefer that it be empty. So, when the house goes on the market, you will need to be out. Do not be behind the curve find somewhere to move to sooner, rather than later. Also, agree with the personal representative how utilities, insurance and property taxes will be paid. Either you can pay them, or you could pay rent to the estate and the estate could pay them.... Read More

You would need to probate your grandmother's estate and the home would transfer equally to your mother and aunt. However, if they did not want to receive the home, they could transfer to you after the title goes to them, or they can disclaim the property and it would pass to their next of kin. If you are the only next of kin, it would work out fine but if there are other siblings and cousins then they would be entitled to the property as well. So the answer would depend on whether there were other next of kin.... Read More

Most banks will insist on having an adult's name on a juvenile's account. If the father was appointed by a court to be the adult associated with the account, the court must now appoint someone else. If the father just took responsibility on his own, the mother can now add her name by working with the bank. FYI: the bank account must be used for the purposes for which it was established. The mother can not use the funds for her own purposes.... Read More

Most states do not recognize a "domestic partner" as someone legally legally entitled to another's estate. However, if he has paid any significant amount of the mortgage of any of your properties or similar expenses, he may have some claim, but no more than what he contributed. An up-to-date is the best way to make sure your estate is distributed as you desire.... Read More

If the vehicle is worth the same or less than the outstanding amount on the loan, the loan company will repossess the vehicle. If the vehicle is worth significantly more than the loan and there are other debts owed by the estate, you will need to sell the vehicle, pay off the loan, and use the remaining funds to pay other debts.... Read More

10 months is not too long. After 12 months, the executor has to file an accounting which is a lot of work. Often that prompts the closing of the estate. Check when the claims notice was filed. See when the claims period ends. You can write a letter to you sister asking your questions and asking what is holding the estate open. Send it certified mail, return receipt requested. If she does not respond send a copy to the Judge.... Read More

The phrase, not as tenants in common but with right of survivorship is used when two or more people are listed as grantees of real property on a deed but they do not have equal rights to the occupation and use of the property. In other words, if you bought a house for your own use but you wanted to bequeath it to your child when you die, you can use this phrase to describe that relationship in the deed and your your Will. If you die first, the child named as your tenant in common gets the property free and clear but if that child dies first it is still your property alone.... Read More

While they are your husband's stories, it is the filmmaker who created the actual work (the videos) and owns the copyright on it. Sometimes the parties sign an agreement in advance that the interviewee will receive a sum of money or other payment for sharing the stories and allowing them to be the basis of a film or book. However, the rights to one's own story don't usually survive one's death. There are a couple of ways to handle this problem are there any written records that would prove your husband and the filmmaker's agreement to co-author? Any letters or e-mails or tweets? Did your husband provide any documents, old photos, memorabilia, etc. for the filmmaker to use? An attorney experienced in entertainment or intellectual property law can help you with this.... Read More

Well, your Dad is going to sign an affidavit, a sworn statement to the court. If he says "there was no will," that would be perjury. There is no provision in the small estate affidavit statutes for using a copy of a will. I would either do a full probate of the copy of the will, or do the affidavit and state that the original will can't be found, so you're treating the estate as intestate. When you say "mother and father are heirs," I assume you mean that mother and father are THE ONLY heirs at law your brother was not married, and had no children.... Read More

Since there is no Will, you are correct that each of you would be an equal owner once the estate is probated [which you would probably have to do to get the department of motor vehicles in your state to agree to transfer title to the car so you can get insurance and insurance company will/should not sell you insurance unless you can show you are the owner]. So if you want to use the car exclusively you have to work out some deal with them, because if you got into an accident the two of them would have some liability [in California, up to $15,000] as owners.... Read More

If you are selling the house in an arms-length transaction (a regular, through-a-realtor kind of sale on the open market) then the sales price is the best indication of value. If you are selling to a family member, or in some other way providing a discounted sale price, then you should get the appraisal as soon as possible (because the value that matters is the value on the date of your mother's death, and the more time that passes the harder it will be for the appraiser to determine that price). Incidentally, you probably should not be trying to settle this estate without the assistance of a lawyer. The requirements are many and varied, and there is no substitute for professional advice.... Read More