Oregon Probate Legal Questions

To transfer the property into your name, you may need to follow these steps in Oregon: Locate the original will: Ensure you have the original copy of the will that clearly states the property is being left to you. This document will serve as evidence of your inheritance. Initiate probate proceedings: If the property needs to go through the probate process, you should consult with an attorney to start the proceedings. The court will oversee the transfer of the property and validate the will. Petition the court: As the beneficiary named in the will, you may need to petition the court to officially recognize you as the legal owner of the property. Your attorney can guide you through the necessary paperwork and help you file the petition. Provide documentation: Gather any relevant documents such as the death certificate, the original will, and any supporting evidence of your relationship with the deceased. These documents will be required during the probate process. Attend court hearings: Depending on the complexity of the case, there may be court hearings where you will need to present your case and provide evidence supporting your claim to the property. Obtain a new deed: Once the court has recognized you as the rightful owner, you can work with a real estate attorney to prepare a new deed transferring the property into your name. The attorney will help ensure the proper legal procedures are followed and the deed is recorded with the appropriate government office. Remember, it is important to consult with an experienced real estate attorney in Oregon who can guide you through the specific legal requirements and processes involved in transferring the property. They will provide personalized advice based on your situation.... Read More

Assuming the home is in your mother's name only, if the value of the home is $200,000 or more, a full probate will be needed to properly transfer or sell the home. If the home value is under $200,000, you may be able to file a Small Estate Affidavit with the Court and transfer the home through that process. Eitherway, I recommend contacting a probate attorney to discuss further.... Read More

As Executor you must either sell the house if that is needed to pay the debts or record a distribution deed from you as exxecutor to all of the beneficiaries under the Will.  Only then may you buy out your siblings and keep the house.  you and your siblings cannot reach an agreement on price, they can file a Suit for Partition, forcing sale to a third party at fair market value.  If you squat in the, you can be evicted and replaced as executor and may owe your siblings, not to mention what this will do to family harmony and to your reputation.   Not a recommended course of action.... Read More

From your description, it is not clear what has happened.  No one can change a Will but the person whose Will it is.  Your stepmother's daughters are entitled to her estate.  If your father left everything to his wife without adding that if she predeceased him, his estate would pass to his children, you may well be out of luck.  Or you might convince the court that this was a scrivener's error.  It appears from your description that you already have a lawyer.  That lawyer knows the facts and local court procedures better than anyone on this listserv. ... Read More

In most states an heir who has not received a distribution within a certain period of time can ask the court to replace the administrator.  It is not clear from your post whether three years have passed or nineteen.  If it is nineteen, you are probably too late.  If it is three, contact a local probate attorney.... Read More

 A Durable Power of Attorney is effective only when the person is alive.  It has nothing to do with a Will, which is carried out by an executor, or a trust, which is administered by a trustee. If you believe that your mother left a Will shich should be submitted for probate but do not have that Will or a copy of it, hire a local probate attorney to file an Application for Heirship determination.  Note that unless your mother has children who are not the children of her current husband, he will be the heir.... Read More

Submit her Will for probate.  If you do not have the original, talk with a local probate attorney about the possibility of probating a copy in Oregon or, if you do not have a copy, about the possibility of probating your grandmother's estate as an heirship.  Note why your grandfather would not be a suitable person to administer the estate (progressing dementia).... Read More

A Durable Power of Attorney is only effective while the person who granted it is alive. Please contact a local attorney about probating your mother's estate.  It may be that Oregon has a method to probate a small estate which will leave some money for the heirs.  It may be that the cost of probate is higher than the amount in the bank account.... Read More

I'm assuming here that a probate court in Oregon appointed the executor of your father's estate.  You can file a petition in that same court to have the executor removed.  You will have to include details of his wrongdoing in your petition and prove it in court if there is a hearing.  He may decide to resign instead.  As an alternative, you could file a petition with the court asking the court to supervise his actions or compel him to take a certain action if your father's Will requires it and he has not done so.   You also mention a trust.  Trusts are administered by trustees.  If this person is the trustee of a trust, he can be removed as well.  First, look at the language in the trust document itself to see if there is a provision about removing a trustee.  If so, take those steps.  If not, you would have to petition the court to remove the trustee.  The procedure is similiar to removing a personal representative - allege wrongdoing, and have proof for a hearing.   Beneficiaries of the estate or trust also may be able to hold the executor or trustee personally responsible for wrongdoing that led to a loss of an inheritance or distribution.  Wrongdoing may be hard to prove, especially if you do not have access to bank records and such.  A lawyer can help with this.    ... Read More

Pretty much any will can have a pour over provision in it.  You can also creates trusts like the one you describe within a will but sometimes it may be more practical to have it separate.  If your child has died in this scenario, it would be best to name somebody as trustee to hold the assets until the grandchildren are 25.  ... Read More