Legal Question in Wills and Trusts in Oregon

Trusts-venue-jurisdiction

The trust in question was drafted in Oregon, none of the beneficiaries or the trustee reside in Oregon, none of the trust assets are in Oregon, they were moved to N.J. when the trustor died, administration moved to New jeresey when the trustor died, making theprincipal place of administration N.J. and all beneficiaries were notified with no objections, the trust holds no property in oregon. A beneficiary filed in Marion County over a year after administration began in N.J. our attorney filed for change of venue, the beneficiary stated Yamhill County as venue, the mMarion court moved the case to Yamhill. Yamhill denied Change of Venue. Our attorney clearly should have filed to dismiss. Our attorney did not raise the personal jurisdiction issue. We need a new attorney. I would like to let the Yamhill court enter a default judgment and then challenge on personal jurisdiction. Is this doable, and would we need a New jersey attorney or Oregon attorney. Our attorney suggested a writ of mandamus then changed her mind, when we asked for a phone call to discuss our attorney allowed the time limit for mandamus expire without calling.


Asked on 1/20/09, 8:23 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Trusts-venue-jurisdiction

You seem to indicate the current trustees reside in NJ. If that is so, it is my opinion (A) that suit can be brought in NJ, in the County where one of the trustees reside so you can get personal jurisdiction, and (B) that only interpretation of the language and provisions of the trust agreement will be subject to Oregon law. This opinion could differ if there is language in the trust document specifying where any litigation is to be undertaken. Contact me directly if you need more information and/or assistance.

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Answered on 1/20/09, 11:07 am


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