Estate Planning
As an estate planner it is important for me to ask the right questions and take the time with clients to get the answers. Estate planning is planning for both expected and unexpected life events so when the events happen, you and your family are prepared legally and financially. There are many estate planning tools available including wills, a wide variety of trusts, powers of attorney and advance directives. There are legal pros and cons to all of the decisions and my role is to listen to clients and advise them about decision making.Estate planning services
- Wills – naming who receives your property and who will handle your estate
- Revocable living trusts – which can help some families avoid probate and keep matters private
- Powers of attorney – naming someone you trust to handle financial matters if you can’t
- Advance directives – recording your health care wishes and naming a health care representative
- Plan reviews and updates – after a marriage, divorce, new child or grandchild, move, or change in assets
Probate
From my clients I learned many people fear the word “probate”. My role is to take the fear out of the process. I will help guide you through the process as efficiently as possible.How Oregon probate generally works
- Opening the estate. A petition is filed with the circuit court in the county where the person lived, and the court appoints a personal representative.
- Notice. Heirs, beneficiaries, and known creditors receive notice, and a notice to interested persons is published. Creditors generally have four months from the first publication to present claims.
- Inventory and administration. The personal representative gathers and values assets, files an inventory, pays valid debts and expenses, and handles final tax returns.
- Closing. Once the claim period has passed and the estate is ready, a final accounting is filed and the remaining property is distributed.
Small estate affidavits
If an estate falls under Oregon’s value limits (currently up to $75,000 in personal property and $200,000 in real property, $275,000 combined), a small estate affidavit may be filed instead of opening a full probate. The affidavit can be filed no sooner than 30 days after the date of death. I can help you decide whether this simpler process fits your situation and prepare the filing.Personal representatives
If you’ve been named a personal representative, you don’t have to figure it out alone. I’ll explain your duties, help you meet court deadlines, and handle the filings so you can focus on your family.Frequently asked questions
Does a will avoid probate?
No. A will tells the court how you want your property distributed, but it generally still goes through probate. Assets held in a living trust, owned jointly with right of survivorship, or passing by beneficiary designation usually do not.What happens if someone dies without a will in Oregon?
Oregon’s intestacy laws decide who inherits, usually a spouse, children, or other close relatives. A personal representative is still appointed through the court.Do I need a lawyer for probate?
Oregon courts expect a personal representative to follow specific procedures and deadlines. Working with an attorney helps avoid delays, personal liability, and disputes among family members.What should I bring to a first meeting?
Any will or trust documents, a death certificate if applicable, and a general list of assets and debts. Don’t worry if you don’t have everything; we can sort it out together.Schedule a Consultation Call 503.504.6659
This page provides general information about Oregon law, not legal advice for your situation. Reading it or contacting the firm does not create an attorney-client relationship.