Options for Selling or Transferring Real Property When an Heir Is a Minor in Oregon
Detailed Answer In Oregon, a minor cannot legally convey or consent to the sale of real property. To sell or transfer an interest in property on behalf of a minor heir, you must use a court-supervised process. The main options include: 1. Guardianship of the Minor’s Estate (ORS Chapter 126) A guardian of the estate […]
Read article →How to Enforce Distribution of Life Insurance Proceeds in Probate in Oregon When No Beneficiary Was Designated
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your situation under Oregon law. Detailed Answer When a life insurance policy lacks a valid beneficiary designation, Oregon law treats the proceeds as part of the insured’s estate. Under Oregon Revised Statutes (ORS) Chapter 111, […]
Read article →How can a beneficiary compel an estate administrator to pay an inheritance share in OR?
Detailed Answer Under Oregon law, beneficiaries have a right to receive their inheritance once the estate administrator completes creditor claims and expenses. If the administrator fails to distribute your share, follow these steps: 1. Review Court Orders and the Will Locate the probate court’s order appointing the administrator and the decedent’s will. Confirm the share […]
Read article →How does intestate succession work in Oregon when a decedent dies with no spouse and two children?
Detailed Answer When someone dies without a will in Oregon and leaves no spouse but two children, Oregon's intestate succession laws determine how the estate distributes. Oregon Revised Statutes define intestate succession under ORS 112.015. In this scenario, the entire estate passes to the surviving children in equal shares by right of representation. Intestate Succession […]
Read article →How Does Intestate Succession Work in Oregon When a Decedent Dies With No Spouse and Three Children?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific legal concerns. Overview of Intestate Succession in Oregon When a person dies without a valid will in Oregon, the estate passes to heirs under the state’s intestate succession laws. These rules appear in […]
Read article →How Can the Slayer Statute Rule Affect an Heir’s Right to Inherit in OR
Detailed Answer In Oregon, the slayer statute bars anyone who feloniously and intentionally kills a decedent from inheriting under any estate plan or through intestate succession. Under ORS 114.245, a person convicted of the decedent’s murder or manslaughter is conclusively treated as having predeceased the decedent. This rule applies to inheritances by will, trust, intestacy, […]
Read article →How does title transfer for an inherited home when there is no will and multiple heirs in Oregon?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Oregon attorney before taking action. Detailed Answer When a homeowner dies without a will in Oregon, their property passes to heirs under Oregon’s intestate succession laws (ORS Chapter 112). If multiple heirs exist, title to the home must […]
Read article →How to Apply for a Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims in OR
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer 1. Overview of Oregon Medicaid Estate Recovery Oregon law requires the Department of Human Services (DHS) to seek reimbursement from the estates of deceased Medicaid recipients for certain long-term […]
Read article →How Do I Determine Who the Intestate Heirs Are of My Father's Estate in Oregon?
When someone dies without a valid will (intestate) in Oregon, state law in Chapter 112 of the Oregon Revised Statutes (ORS) determines who can inherit the estate. To identify your fathers heirs, gather family documents and follow the intestate succession hierarchy below. Detailed Answer Spouse and Children: If your father was married at his death, […]
Read article →Can I Appeal a Probate Court Decision Removing a Personal Representative in Oregon?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance on your specific circumstances. Detailed Answer Under Oregon law, a probate court may remove a personal representative for cause under ORS 112.045. Removal orders are generally interlocutory (not final) and are not directly appealable as of […]
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