Oregon Estate Planning Legal Questions

Consult a probate lawyer to represent you in a probate proceeding to obtain the title to the residence and the CDs. Fees are set by state statute in California, and the lawyer is paid at the end of the case; you may be required to advance court costs for the filing of the petition into probate and so forth.... Read More

Michigan has laws that state where his assets go if he does not have a Will. Essentially, the State makes a Will for him. If there is no surviving spouse and you and your sister are his only children, then State law says his assets are divided equally between the 2 of you. You will need to start a probate proceeding in Probate Court to have a personal representative appointed (either you or your sister, probably) just as you would need to do if there was a Will.... Read More

YOu do not have to do anything Michigan law states that if he is not married your siblings are you are his heirs at law and inherit his assets.. Given your description you will probably have to file a probate estate to clear title to the house to sell it though., Albeit the bank accounts may have a payable on death clause and specific named beneficiaries.... Read More

If your father wants his estate to go equally to you and your sister, then all will be well, that will be the outcome if he has no will (and if he is not married). So, I would not trouble him about this. If he wants to do a will, contact an attorney do not use online forms, they may not be appropriate for Oregon, and the proper signing and witnessing of a will is crucial.... Read More

If you father is still legally competent, he can still have a will drafted and sign it in front of witnesses and/or a notary (depending on the state's laws). If he's in a hospital or hospice, the social worker can help with this. If he is no longer competent, the state's intestacy laws will determine how his estate is distributed after all debts are paid. The order of beneficiaries is usually: surviving spouse and minor children, adult children, grandchildren, etc. If there are no descendents, the surviving parent(s), then surviving siblings are the next in line.... Read More

Before he dies, your father needs to do some estate planning. It would be best to set up a trust and place all assets, including the house and accounts, into the trust. He could name you two as the beneficiaries and successor trustees to take over after he dies. If he doesn?t want to do a trust, he could transfer the house to you now and mark the accounts so that they pass to you upon his death.... Read More

I'm going to say no, although to be clear there are assumptions involved. First, the interest of the step-children in their mother's estate should have been resolved in the probate of her estate her husband would get half, and her children would get half. ORS 112.025(2). But I'm also going to assume that the house was not included in the probate, because it most likely was owned by husband and wife as tenants by the entirety. ORS 93.180, but be careful, this statute has changed over time read the deed to husband and first wife. If it was held by husband and wife as tenants by the entirety, then it passed to husband on wife's death by operation of law. Then, I'm assuming that the deed to husband and to you also creates tenancy by the entirety. In that case, regardless of what a will says, you own the house on your husband's death. Finally, I'm assuming that there was no contract between husband and first wife regarding making a will or not changing the will after the death of the first.... Read More

The trustee can make the distribution anyway; he's asking for the Waiver so he knows he won't get sued over it trying to keep the trust's expenses down. If you sign the waiver, you're saying you won't sue over the distribution. So, if you don't sign the waiver, then the trustee has to assume you're going to sue, and so decides not to do the thing you plan to sue over. We often want to do a partial distribution before the whole trust has been settled. It is often helpful for tax purposes to distribute to the beneficiaries each tax year, and there is no sense in the trust hanging on to more cash than it needs to do its business. At the end of the day, the trustee has to do what the trust document says he must do. However, the exact steps taking to reach that result are within the trustee's discretion. If it says the trust is to distribute equally to four people, then that's the end result. If three people get money now, and the troublemaker waits until the very end to get his, this just creates more accounting work. Finally, the attorney represents the trustee; if any beneficiary wants to be represented by his own counsel, he should hire counsel and follow the advice he gets.... Read More

If the trust allows it. You can always take compensation for your actual duties for serving as trustee, and you can be reimbursed for your expenses. However, taking a gift is an improper exercise of a trustee's powers, even if your co-trustee agrees. A complete review of the trust, its assets, and the disposition of the assets that is planned at the end of the primary beneficiary's life would be required to finally answer your question. Basically, it would be a very unusual situation where a current gift to a trustee (or any beneficiary other than a current beneficiary) would be allowed.... Read More

Did your Dad have a Will when he died? If so, who was named in the Will as the Executor of his estate? If so, the testator should have filed a probate case with the local court and carries out the provisions of the will as to who got what after all the bills, medical expenses and taxes were paid. Whether or not your Dad had a will, your uncle probably does not have authority to sell his stuff and put the money in his own pocket. You should contact a local probate lawyer and get him or her on the case ASAP.... Read More

Let me guess these folks did not consult with an attorney before they purchased the property under their false names. I believe the fake-named buyers, now the owners, could prove their ownership if they were able to track the funds they used to buy the property from a legitimate source (such as their savings or the proceeds from the sale of other property) and there was no fraud of the seller involved in the purchase. On the other hand, if a buyer bought a piece of property under a false name so that he or she could hide the purchase from a husband or wife who would have a claim against the property as a marital acquisition, the fake-named buyer would probably have to put the property in her or her own real name along with the name of the spouse who was left out in order to correct the property record by getting the title into the actual names of the buyers. Go see a lawyer on this one!... Read More

No, you do not have a right, and he has no obligation to disclose it to you. That said, it is my practice to recommend to my estate planning clients that they share at least the basics of the plan (and where to find the Will or Trust!) with the person they have designated as personal representative (executor, trustee, etc.)... Read More

The answer depends on how the title is held;; that is, what the Deed says. You say "jointly" but there are two key types of estates: tenants in common and joint tenants. It is important that the title is clear that it is a joint tenancy with right of survivorship to get the title to the survivor. This is an area where DIY works very badly and a lot is at stake. Have an attorney or a title company write it properly for you.... Read More

Your question actually raises a few questions that need to be answered before a accurate answer can be given. First, how exactly did your grandma give her house to your mom? (i.e. through joint tenancy, or a outright gift prior to your grandmother's death.) Assuming your mother did indeed own the house, and assuming her will was valid, was the will probated? If it was probated, the house should be yours, but as you can see, there are many variables that may change my answer. I strongly suggest you speak with an attorney. Many attorneys offer free initial consultations.... Read More