Legal Question in Wills and Trusts in Oregon

Get in touch with a lawyer who handles "decedent's estate probate cases." Dad's will must be "admitted" to probated (filed with the Circuit Court Probate Dept. in county) along with a Petition for Appointment of Personal Representative. There is a lot of paperwork involved and it can be very, very confusing to non-lawyers (as well as lawyers, too). Most likely, step-mom should be the Personal Representative of the estate (also known as the executor of the estate). In her capacity as PR, step-mom will then sign a "Personal Representative's Deed" on behalf of the decedent's estate, conveying the property to herself as the decedent's surviving spouse and designated beneficary. The deed may then be recorded with the county's Recording Office.

And that is how you do it.

LAWRENCE D. GORIN

http://ldgorin.justia.net/index.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]

Your father's estate will probably have to be probated. The value of the property he left will determine whether a full probate must be filed or whether a small estate proceeding will handle it.

If the estate must be probated, the will should identify who your father wanted to act as personal representative. That person needs to talk to an attorney who handles probate matters. The attorney will file a petition to appoint the PR and admit the will to probate. After the PR is appointed, he or she will have the responsibility to gather up all the assets, pay the creditors and distribute the assets to the heirs (in that order).

Our office handles probate and non-probate matters all over the state and would be happy to assist.