What is a pour-over will?

A pour-over will is a legal document that works in conjunction with a trust to ensure that any assets not titled in the name of the trust at the time of the grantor's death are transferred into the trust. Essentially, a pour-over will serves as a safety net to capture any assets that the grantor may have inadvertently left out of the trust.

When a person creates a revocable trust, they typically transfer their assets into the trust during their lifetime. However, it's possible that the grantor may acquire new assets or forget to transfer certain assets into the trust. If the grantor dies with assets outside of the trust, those assets may be subject to probate, which can be time-consuming and expensive.

A pour-over will helps avoid this situation by directing any assets that are not already in the trust to be transferred into the trust after the grantor's death. The will "pours over" the assets into the trust, and the trust then distributes the assets to the beneficiaries named in the trust. The pour-over will can also name a personal representative or executor to carry out the provisions of the will.

It's important to note that a pour-over will is not a substitute for properly funding a trust, and should not be relied upon as the sole means of transferring assets into the trust. It's always best to ensure that assets are titled in the name of the trust during the grantor's lifetime to avoid the need for probate and ensure that the trust operates as intended. A qualified estate planning attorney can help determine if a pour-over will is appropriate for your individual circumstances.

How to remove squatters from a deceased person's home.

Unfortunately, family members or strangers sometimes need to be removed from a home after the owner has died. In Oregon, the Court has a process to remove the occupants of the house so that the property can be sold.

The Court appointed personal representative is authorized to take possession and control of the estate’s property. The personal representative petitions the Court for an order for the occupants of the property to appear and show cause. The occupants will have to demonstrate to the Court that they have a legitimate reason to remain in the deceased person’s property. If the occupants of the property do not have a legitimate reason, the Court will order them to vacate the property. If the occupants do not vacate the property, the Court may issue a Writ of Assistance directing the Sheriff the remove the occupants.

Please let us know if you have any questions and feel free to contact us.

How can a revocable trust avoid a conservatorship?

A revocable trust can be used as a tool to avoid a conservatorship in the event of incapacity, as long as the trust is properly structured and managed. When a person becomes incapacitated and is no longer able to manage their own affairs, a court may appoint a conservator to manage their financial and personal affairs. This can be a time-consuming, expensive, and intrusive process, as the conservator may have to make decisions that the incapacitated person would not have made if they were able to do so.

By creating a revocable trust, a person can name a successor trustee who will step in to manage the trust and the person's affairs if they become incapacitated. The trust document can provide instructions for how the trust assets are to be managed, and the successor trustee can carry out those instructions without the need for court involvement. This can help avoid the need for a conservatorship and provide a smoother transition of management in the event of incapacity.

It's important to note that the revocable trust must be properly funded, meaning that the person must transfer their assets into the trust during their lifetime in order for the trust to be effective. Additionally, the person must still have capacity when creating the trust, as a trust created after incapacity may be subject to challenge. Working with a qualified estate planning attorney can help ensure that the revocable trust is structured properly to achieve the desired goals, including avoiding a conservatorship.

A dead person owes me money, how do I file a claim?

If a dead person owes you money, you may be able to file a claim against their estate to recover the debt. Here are the general steps you can take:

1. Find out if the deceased person had a will. If they did, the will may specify who is in charge of handling their affairs after death (the executor), and how their assets and debts should be distributed. You can contact the executor to discuss your claim.

2. If the deceased person did not have a will, you can contact the probate court in the county where they lived to find out who has been appointed to handle their estate. You can also check the local newspaper for a notice of the person's death, which may include information about the estate and who is in charge of handling it.

3. File a claim with the estate. You will need to provide documentation to support your claim, such as a copy of the contract or agreement that shows the debt is owed, invoices or receipts for goods or services provided, or any other relevant paperwork.

4. Wait for the claim to be reviewed. The executor or administrator of the estate will review your claim and determine if it is valid. If they believe the claim is valid, they may offer to pay you out of the assets of the estate. If they do not agree that the claim is valid, you may need to work with an attorney to dispute their decision.

5. Attend the probate hearing. If there is a dispute over your claim, you may need to attend a hearing in probate court to argue your case. The judge will review the evidence and make a decision on whether your claim should be paid.

It's important to note that there may be time limits for filing a claim against an estate, so it's a good idea to act quickly to protect your rights. If you are unsure about how to proceed, you may wish to consult with an attorney who specializes in probate and estate law.

What are the Oregon inheritance or succession laws?

Oregon succession law is a set of laws that determine how a person's assets and property are distributed after they pass away. These laws govern what happens if a person dies without a will or if their will is found to be invalid.

In Oregon, if a person dies without a will, their assets are distributed according to the state's laws of intestate succession. Under these laws, the deceased person's assets are distributed to their surviving spouse and children, or to their next closest relatives if they have no spouse or children. If the deceased person has no living relatives, their assets may escheat to the state.

Oregon also has specific rules about how a will should be executed and what constitutes a valid will. To be valid in Oregon, a will must be in writing and signed by the person making the will, as well as by two witnesses who are present at the time the will is signed. If a will is found to be invalid, the deceased person's assets will be distributed according to the laws of intestate succession.

In addition, Oregon law allows for the use of trusts to manage and distribute assets after a person's death. A person can create a trust during their lifetime or specify a trust in their will, and the trust will be managed by a trustee who is responsible for carrying out the deceased person's wishes.

Overall, Oregon succession law is designed to provide a framework for the orderly distribution of a person's assets after they pass away, while ensuring that their wishes are respected and their loved ones are taken care of. It's important for individuals to work with an estate planning attorney to create a will and other estate planning documents that reflect their wishes and comply with Oregon law.

What is a "revocable trust" or "living trust"?

A revocable trust, also known as a living trust, is a legal agreement in which the person creating the trust (known as the grantor) transfers their assets to a trustee, who manages the assets on behalf of the beneficiaries named in the trust. One of the key features of a revocable trust is that the grantor retains the ability to modify or revoke the trust during their lifetime, hence the name "revocable" trust. This flexibility is one of the main advantages of a revocable trust compared to an irrevocable trust, which cannot be modified or revoked once it is established.

Revocable trusts are often used as an estate planning tool because they can help avoid probate, a legal process that can be time-consuming, expensive, and public. With a revocable trust, assets that are transferred into the trust during the grantor's lifetime can pass directly to the beneficiaries named in the trust after the grantor's death, without the need for probate. This can provide peace of mind for the grantor and their beneficiaries, as it allows for a smoother transfer of assets without the need for court involvement.

It's important to note that while revocable trusts can offer many benefits, they may not be suitable for everyone's estate planning needs. An attorney can help determine if a revocable trust is the right choice for your specific situation. Additionally, it's important to work with a qualified and experienced attorney to create and manage a revocable trust, as there are several legal and tax considerations that must be taken into account.

Can property be transferred without probate?

Yes, in Oregon, there are several ways in which property can be transferred without going through the probate process. These options can be useful for avoiding the time and expense of probate, and they can also provide greater privacy and control over the transfer of the property.

Some of the ways in which property can be transferred without probate in Oregon include:

1.       Joint ownership: Property that is owned jointly with right of survivorship (also known as joint tenancy with right of survivorship) will automatically pass to the surviving owner(s) upon the death of one of the owners.

2.       Transfer-on-death deed: A transfer-on-death deed (also known as a TOD deed or a beneficiary deed) allows property owners to transfer ownership of their real property to one or more designated beneficiaries upon their death.

3.       Payable-on-death designations: Many financial accounts, such as bank accounts, brokerage accounts, and retirement accounts, allow the owner to designate a beneficiary who will inherit the account upon the owner's death.

4.       Trusts: Property that is held in a trust can be transferred to the beneficiaries of the trust upon the death of the trust creator (also known as the grantor or settlor) without going through probate.

It's important to note that each of these options has its own unique set of rules and requirements, and it's a good idea to consult with an attorney to determine the best course of action for your specific situation.