Legal Question in Wills and Trusts in Oregon

Do my husband and I have to do separate wills? If so, how do we deal with the situation of dyeing at the same time? For example: we have property that my husbands parents live on and own a portion of. So, if one of us dies, the other just takes over the property, but if we both die, we want the in laws portion paid off and the kids to have ownership but the in laws be able to stay on the property. Do we designate this in both wills, or can we have one together? Thanks


Asked on 5/22/11, 3:00 pm

1 Answer from Attorneys

Bonnie Popia Proctor & Popia, LLC

You and your husband would execute separate wills that basically are identical.

For the in-laws to remain on the property your best course of action would be to have a testamentary trust addressing this situation.

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Answered on 5/23/11, 10:12 am


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