Legal Question in Wills and Trusts in Oregon
simple will
My uncle recently died in Oregon leaving a very simple will. He sited my cousin in California executor . I'm in Oregon. cousin wants me to carry out will as executrix. How can we transfer power of attorney? AND keep this out of probate?
1 Answer from Attorneys
Re: simple will
You should have no problem opening up a probate in Oregon, and having yourself named as executor, so long as your cousin and the other heirs are in agreement with this. (Even if they are not, you still might be able to do it.) When the initial papers are submitted to the probate court in order to open up a probate, we also submit to the court consent-documents signed by everyone. There are other details, but this is the short answer. (Note that a power of attorney doesn't apply, because that type of document became void when your uncle died.)
Hope this information helps.