Walter Weiss Jr's Answers

For estate planning for aging parents, is it necessary for the attorney to be able to practice law in the state they reside?

Irrespective of the jurisdiction issue, you have presented a much more common and difficult matter-- Assisting your parents in establishing an estate plan. In the State of Oregon to execute a valid will, trsut or other estate planning document, the person executing such document must have "capacity." This is generally a very low threshold, meaning the person must be able to identify their heirs and the general nature and extent of their assets. However, if a person is so incapcittated...

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Grandson and guardianship

It is unclear from your question whether the parents would consent to your appointment as guardian. Further, in Oregon since the child is over the age of 14, he would have the right to oppose the appointment as well. In any event, there is far more involved in a guardianship proceeding than simply filing a form with the probate court. As a result, I strongly recommend you to speak with an attorney.

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Does an executor have the right to disperse property from inside a house as he or she sees fit? THe will stipulated 50/50.

Generally the Will designates who is to decide the distribution of presonal property in the event of a dispute between the beneficiaries. Absent such language, you should present the issue to the personal representative (and his/her attorney, if available). As a practical matter, the courts do not like to be involved in deciding the division personal effects, which, while they may hold tremendous sentimental value to the parties, are really of nominal cash value. Nevertheless, if the...

My mother died and her only asset is a joint checking account with myself do I need to go through probate

If this bank account is truly her only asset, and you are a legal owner of the account, then the short answer is "No, you do not need to go through probate." Of course, if there are other assets, etc... then the answer would change.

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If using a quitclaim deed to have title recorded from individuals (currently held as

Possibly, but probably not. First thing to do is read your mortagage documents to see if there is any express language that allows or prevents such a transfer. Secong thing to do is to contact the holder of your mortgage to determine if they would consider the transfer in violation of the terms of your mortgage, and thus possibly result in an acceleration of the debt (and/or perhaps other provisions of breach or default). As a general matter of practice, and in my experience, as long...

Is it good to do a Mediation before you go to court?

It is unclear what type of case this is, and exactly what the relative bargaining positions of the parties are. In any event, mediation is a non-binding attempt to settle a dispute, and in some cases is mandatory before you may proceed in court (i.e., you have to participate in the mediation, but you do not have to agree to settle the case). In my opinion, unless the parties are steadfastly opposed to making any concessions, there is little harm in trying to mediate a dispute. Best...