Legal Question in Wills and Trusts in Oregon
How to Change Power of Attorney or Obtain Executorship
My father has passed away and before that was disabled. My uncle has been the power of attorney (trustee?) for my father and shared a bank account with him. Now that my Dad is gone, he wants my brother or I to take over Power of Attorney and become the executors of his estate. How is this completed? We need to take over my fathers bank accounts, have change of address filed and pay his medical bills. Would my Uncle just sign it over? Would we then obtain Executorship? Please help with this situation. ALSO -- my father lived in Oregon, Uncle and brother are in California. Can change be completed in CA rather than OR? THANK YOU IN ADVANCE FOR ANY AND ALL HELP!
2 Answers from Attorneys
Re: How to Change Power of Attorney or Obtain Executorship
The power of attorney dies when your father died, so it is not a question of "taking over" the power of attorney. The next steps in dealing with your father's estate depend on the value of your father's assets.
One mechanism, for smaller estates, does not require a full probate. If your father had financial or personal property assets in excess of $40,000, and/or real estate valued over $90,000, then you or your brother would need to do a full probate. (These amounts are changing on Jan 1, 2006, but since your father has already passed away, the old numbers will apply).
Our office regularly helps people with these kinds of issues. We also offer a low cost initial consultation, please give us a call or an e-mail.
Re: How to Change Power of Attorney or Obtain Executorship
Since your father died a resident of Oregon, that state's laws will apply and the best recommendation I have is to hire an attorney practicing in Oregon to handle any transfer of executor duties. The situation you describe sounds fairly simple, so it will not likely cost very much to complete.
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