Oregon Estate Planning Legal Questions

All my answers pertain to Oregon. The siblings who have power of attorney no longer have any authority. Power of attorney is no good after the death of the principal. The personal representative named in your mother-in-law's house will have control of the estate, once probate is opened. (Nobody is PR until the court appoints them PR; just being named in the Will is not enough). The family can't force you to pay rent; you are responsible for taxes, insurance, any mortgage on the house, and maintenance while you live there. Paying a year's taxes won't necessarily give you the right to live there for a year.... Read More

The right answer is that, if the joint account held your mother's money, and not yours that is, it was made joint just for your mother's convenience, and not because you were truly an owner of any of the funds then you should pay the medical bills. Services were provided, and should be paid for. If your question is whether you're likely to get away with keeping the money, the answer is probably.... Read More

When the executor can take the commission provided for by law might depend on whether the estate was/is being administered independently or under court supervision (i.e., supervised administration). At any rate the law provides percentages to apply against the value of assets in the estate: 5% on the first $5,000 of value (of assets being administered) 4% on the next $20,000 3% on the next $75,000 2.75% on the next $300,000 2.5% on the next 600,000 2% on everything over $1 Million... Read More

If you can find someone to purchase your half interest, you can sell it. As a matter of common courtesy, however, I suggest that you offer it to your sister first. It would actually be more valuable to her than to a third party, and reaching out to her might help in restoring family relations.... Read More

The property should be disposed of to the surviving children of the grandmother and her brother, unless the will stated otherwise. It appears the will stated otherwise, in that the surviving sisters and brothers of your grandmother and her brother, are to receive the property, with any deceased uncle /aunt share to go to their children. It appears you may be shut out. However, you are strongly advised to seek the advice of a probate lawyer to be sure of the correct distribution flow as to who is entitled to receive any part of the estate.... Read More

You need to post more facts. HOW was the house left to you? Was there a probate estate opened? Were there sufficient assets in the estate to pay all administrative expenses? A nominated Personal Representative is under no legal obligation to open or administer an estate. If the house is a probate asset and the nominated PR refuses to act, then you would have the right to petition the court or apply to be the PR, yourself. Retaining a probate attorney would be a good idea.... Read More

She creates, executes and delivers a deed. This is a very substantial step, involving a gift of value equal to the value of the real property. This may completely skew your mother's estate plan, and may disqualify her from assistance from the state's Medicaid program. She should only do this as part of a general revision of her estate plan. It is usually not a good idea to transfer your home during your lifetime. There are huge tax benefits extended to homeowners, which will be lost.... Read More

The answer depends upon whether your mother is the current trustee of her living trust. When we draft a living trust for someone who owns the property going into the trust, the person who owns the property deeds it from herself as an individual to herself as the trustee of the living trust. While she would be both the trustor and the initial trustee, the trust document should designate a successor trustee to take over when the original trustee either can no longer continue to function as the trustee or simply wants the successor trustee to take over the task. If your Mom is the original trustor and the current trustee, and if she is competent to act on her own behalf, she can deed the property to you. In the deed, she would be named as the trustor and current trustee of her trust and you would be the grantee named in the Deed. She could also deed the property to you as the trustee of your living trust, but you would have to have your living trust created beforehand in order to make that happen.... Read More