Can a Mother-in-Law Become a Personal Representative in Oregon?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer 1. Will Nomination vs. Intestate Appointment Under Oregon law, a decedent’s will may nominate a personal representative. ORS 113.025(1) gives first priority to the person named in the […]
Read article →How can I probate a will that was not witnessed or notarized in Oregon?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Oregon for guidance on your specific situation. Under Oregon law, a will typically requires the testator’s signature and the attestation of two competent witnesses (ORS 112.315). Notarization is optional; Oregon does not require it […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Oregon
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for legal guidance. Detailed Answer After a person dies in Oregon, you must locate the original will or a filed copy and deliver it to the probate court. Under Oregon law, failure to present the original will […]
Read article →What types of evidence will strengthen my diminished value claim in Oregon?
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Oregon attorney for guidance tailored to your situation. Understanding Diminished Value Claims in Oregon After an accident, even fully repaired vehicles often lose market value. A diminished value claim seeks compensation for that loss. Oregon’s insurance […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds in Oregon?
Detailed Answer Under Oregon law, a trustee owes strict fiduciary duties to beneficiaries. Those duties include loyalty, prudence, impartiality and transparency under ORS 130.710. If a trustee misuses trust funds, beneficiaries can take these steps to challenge and correct the breach: Request a formal accounting. Beneficiaries may demand a full, written accounting of trust assets […]
Read article →How can I obtain proof of lost wages when my former employer will not provide payroll records in Oregon?
Detailed Answer If your former employer won’t provide payroll records, you still have options to document your lost wages under Oregon law. Employers must keep and maintain wage records for at least six years, per ORS 652.055. You can take these steps: 1. Gather Personal Records Collect your own documentation, such as: Pay stubs or […]
Read article →How to validate and certify an affidavit of collection to collect personal property in Oregon
Detailed Answer Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Under Oregon law, an affidavit of collection allows a person or business to claim personal property when statutory requirements are met. Proper validation and certification protect your right to collect […]
Read article →What information and documentation are required to verify all individuals with an interest in real property in Oregon?
Detailed Answer Under Oregon law, anyone involved in a real estate transaction—sale, refinance, transfer on death deed, or other conveyance—must verify all individuals or entities with a present or future interest in the property. Proper verification helps avoid title defects, delays, and liability. 1. Natural Persons Valid government-issued photo ID (e.g., Oregon driver license or […]
Read article →What steps are required to file a petition claiming surplus funds from a foreclosure proceeding? Oregon
Detailed Answer When a foreclosure sale in Oregon brings in more money than what you owed, you may petition for the surplus. The exact process depends on whether the sale was judicial (a court-supervised foreclosure) or nonjudicial (a trustee’s sale under a deed of trust). Below are the general steps for each process. 1. Judicial […]
Read article →Do I Get Ownership Interest in Oregon Property If I Pay the Mortgage?
Detailed Answer Under Oregon law, owning real property depends primarily on who holds legal title, not who makes mortgage payments. If your name does not appear on the deed, simply paying the mortgage does not automatically grant you ownership. However, in certain situations, Oregon courts may recognize an equitable interest based on your contributions and […]
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