Richard Egner Jr's Answers

Are lawyers the only ones that can notarize the witness signatures on a will in oregon?

Any notary in the state where the witness signed can notarize a will. Many businesss do not want to be involved in notarial work because of the potential liability the might incur if the witnesss is not properly identified. You might ask your potential witness(s) if they know a notary who could vouch for their identity and notarize their signature.

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Do I have to indemnify my sister before I know whether she's stealing my inheritance?

All expenses of administering an estate are expenses of the estate, not the heirs. The estate expenses come out of the GROSS assets of the estate and whats left over (the NET estate) is divided according to the terms of the will. When your sister is done with the administration of the estate she must file a final accounting of her administration with the court and send you a copy. If you see anything in the accounting which is not right, you can file a written objection with the court. You do...

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Is the way my sister got power of attorney legal?

It's quite common for someone to help a person who is physically infirm sign their name. The real question is what was your mothers mental state at the time she was signing the document. Did she understand what the document was that she was signing and what the effect was of signing. Had a doctor diagnosed her with dementia prior to the signing? A holder of a Power of Attorney is general to use that power for the benefit of the giver of the power. If there was no particular reason to change...

Does my dad get part of maternal grandma's estate if mom died before grandma, or do I get all of mom's share?

It depends on the law of the state in which your grandmother died or possible the law in any state in which your grandmother had property. As a general rule, your father probable has no claim because he is not a blood relative and with no will or Living Trust your grandmothers estate will be determined by the laws of Intestacy which means the laws of each state determine who gets a persons assets if they had no will or trust. Typically, the assets would go her children with an equal share...

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My parents adopted my Mom's little sister in 1961. They didnot mention her in their trust. Can she contest it?

Your mother may not be able to revise (amend) the trust. There is often a provision in a joint trust that says that after the first death the trust becomes irrevocable and can not be amended. If your step sister is mentioned in any provision of the trust she probable will not be successful in a trust contest. She only needs to be mentioned in the trust, showing that she was not forgotten. She is not required to receive anything. If she is not mentioned in any part of the trust, she might...

Can a trustee, who voted to sell trust property, refuse to sign the listing papers, purchase and sale, deed, etc.?

If the trust provides that the property can be sold if a majority of the trustees agree and you have three who do agree to sell, then you have a majority and you don't have a problem. Go for it.

Is it best to only designate one person as executor of a living trust?

First, a matter of definition. An executor is one who handles a will. A successor trustee handles a living trust. Whether you use one or two or more successor trustees at the same time is purely a personal decision, but there are probable more cons that pros in having co-successor trustees in that typically co-trustees have to both sign every document, every check and so forth. That can be particularly difficult if the co-trustees don't live close together. The biggest problem is that they...

Do I need a will from my husband for the house since my name is not in it?

Yes, you need him to do a will naming you as the devisee of the house and any other assets that he wants you to have. If he does not have anybody on the title to the house at the time of his death the title will have to be probated.You didn't mention whether your husband had children. In Oregon, and most states, if a married person dies without a will or trust, any assets are divided between the surviving spouse and the dead spouse's children. The rule is somewhat involved and you need to see...

A lawyer was appointed my case where I sued the estate of my mother. had hearing with bonding company.

Your lawyer owes you a duty of handling your matter in a reasonable timely manner and to respond to your telephone calls. Your responsibility is to cooperate in providing him or her with requested information and to pay the agreed fees and expenses. If you have done that and still can't get a response from your attorney, then your next step is to contact the state bar association and ask for thier assistance.

My childs savings account that I am in trust of.

You didn't say how old your "child" was but since you still call him/her a child I assume that the child is under 21. Most states have very specific laws known as "gifts to minors" or transfers to minors" that provide the assets held by you are for the benefit of the minor and are the child's assets. To qualify, the account must state that it is a trust account for the benefit of a particular named minor.