Dealing with a Legal Challenge? Don't wait. Ask your legal question for free. Urgent legal matters require immediate attention!

Father died and 8 days later my step mother died. No wills found. Can we file one probate?

This legal question related to probate law attorneys in Oregon & RoseburgOregon has been answered.

Advertisements
Location: Oregon, Roseburg  |  Law type: probate law attorneys
Solved

My father died January 18th, my step mother was in hospice. She died 8 days later. I have a stepsister. We found no wills. We just want to split everything in half and get this done. We found a will from my father, but it was not signed -- he left everything to me and my stepsister 50/50 or to his wife if she lived 30 days after his death. We are struggling to find a probate attorney with good reviews that can see us in the month of February. 

Commonly posted questions...

Can a temporary administrator sell community property before separate property to pay deceased person debts?
3 months 1 week ago, probate law attorneys, Real estate attorneys, San Antonio
I need a Probate Lawyer
5 months 3 weeks ago, probate law attorneys, Chicago, Illinois

Legal Solution

The response provided below is specific to probate law attorneys in the jurisdiction of Oregon, Roseburg. If the response is inadequate, please submit a detailed inquiry.

In your case, dealing with the estates of both your father and stepmother without wills in Oregon, you're facing a situation that requires careful legal navigation. Since no valid wills were found (the unsigned will of your father does not constitute a valid will under Oregon law), the estates of both your father and stepmother will likely be subject to intestate succession laws. This means that their assets will be distributed according to state law. Given that both of your parents passed away in close succession, understanding how their estates will be handled becomes more complex. Since you and your stepsister are in agreement about splitting everything 50/50, this might simplify the process, but legal guidance is still crucial to ensure compliance with state laws.

Relevant Oregon Statutes

The key statutes that govern your situation can be found in the Oregon Revised Statutes (ORS), particularly in the sections related to probate and intestate succession. The most relevant chapters include:

  • ORS Chapter 112: Intestate Succession and Wills
  • ORS Chapter 113: Administration of Estates Generally
  • ORS Chapter 115: Claims; Distribution and Closing

For more detailed information, you can visit the Oregon Legislature’s website.

Possible Solutions to the Problem

  1. Joint Probate Proceedings: Since both estates are interconnected, and there are no valid wills, a joint probate might be possible. This could simplify the process and potentially reduce costs. However, you will need a probate attorney to determine if this is feasible and advisable under Oregon law.

  2. Intestate Succession: As per Oregon's intestate succession laws, if your father and stepmother had no children together, their assets might be distributed to their respective children (you and your stepsister). The specifics can be complex, especially considering the timing of their deaths, so legal advice is crucial.

  3. Hiring a Probate Attorney: Given the complexity of your case, it's important to find the right lawyer. You might consider reaching out to the Douglas County Bar Association or using online resources to compare lawyers in your area.

Probate Attorney Fees in Roseburg, Oregon

Service Average Fee in Roseburg National Average Fee Difference
Simple Estate Administration $3,500 +10%
Moderate Complexity Estate Administration $6,500 +5%
High Complexity Estate Administration $12,000 +15%

Note: Fees can vary significantly based on the complexity of the estate, the lawyer's experience, and other factors. Oregon does not cap probate attorney fees, but they must be "reasonable" and are subject to court review.

Complexity of Cases

Cases like yours are complex due to the close timing of both deaths and the lack of valid wills. This can lead to ambiguities in how assets are distributed, especially if there are assets that each spouse brought into the marriage. Here are three case studies:

  1. Case Study 1: A husband and wife die within days of each other, with no valid wills. Their assets include property they owned individually and jointly. The solution involves determining the separate and marital assets and distributing them according to intestate succession laws.

  2. Case Study 2: A person dies intestate, and their surviving spouse dies shortly after, also intestate. The surviving spouse’s heirs contest the distribution of the first spouse's assets. Legal intervention is needed to mediate and apply state laws.

  3. Case Study 3: A couple with a complex estate (including business assets, properties in different states, and minor children) dies close together without wills. In this case, a court-appointed administrator might be necessary, and the distribution of assets can become highly intricate.

Relevant Questions for the User

  1. Did your father and stepmother have any children together? This is important to understand how the intestate succession laws will apply to your situation.

  2. Are there any other potential heirs or relatives who might have a claim to the estates? Knowing all potential claimants can help in determining the correct distribution of assets.

  3. Do your father and stepmother have any complex assets or liabilities? Details about assets (like businesses, out-of-state properties) and liabilities (debts, ongoing legal issues) will affect the administration of their estates.

Common Questions and Answers

Q1: Can we avoid probate if there is no will?

No, in Oregon, if a person dies intestate (without a will), their estate typically must go through probate. This is necessary to legally transfer ownership of the deceased’s assets.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Father died and 8 days later my step mother died. No wills found. Can we file one probate? " has been changed 5 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Oregon, Roseburg & area of law: probate law attorneys.
Latest reviews & rating
Can't believe there are no comments (answers) yet? You can be the first author. Let us know what you think and answer this question.. Write a comment

Respond to legal question!

Do you know the answer to a legal question that is related to the field of law called probate law attorneys? If you believe that you can advise the inquirer – in even the slightest way – do not hesitate and share your opinion in the comment section. This contribution concerns the location of Oregon, Roseburg and, therefore, it is important to post only comments that are relevant to this location. Do you have a similar or a different legal inquiry? Select the correct category, fill in all the required fields, and submit your post.

accident & property damage attorneys accountants-certified public administrative & governmental law... admiralty & maritime law attorneys adoption law attorneys adoption services attorneys antitrust law attorneys appellate practice attorneys arbitration & mediation attorneys arbitration services asbestos & chemical law attorneys automobile accident attorneys bankruptcy law attorneys bankruptcy services business litigation attorneys child custody attorneys child support collections civil litigation & trial law attorneys collection agencies collection law attorneys commercial law attorneys construction law attorneys consumer law attorneys contract law attorneys copying & duplicating service corporation & partnership law attorneys credit & debt counseling Criminal defense attorney disability services discrimination & civil rights law... divorce assistance divorce attorneys domestic violence attorneys drug charges attorneys dui & dwi attorneys employment discrimination attorneys family law attorneys federal law attorneys financial services franchise law attorneys general practice attorneys government offices immigration law attorneys insurance attorneys international law attorneys labor & employment law attorneys medical law attorneys medical malpractice attorneys paralegals patent (intellectual property) personal injury law attorneys probate (estate planning) probate law attorneys sex offense attorneys sexual harassment attorneys tax attorneys trademark & copyright law traffic law attorneys trusts & estate planning... wrongful death attorneys

Are you having trouble finding a reliable and highly-rated attorney in your area of residence? Does the endless process of browsing and comparing law firms annoy you? If so, simply skip this step and post your request (or a general legal question) in our Free Legal Advice Center. Then wait for a reply from our experienced legal advisors, consultants or even your chosen lawyers. You can inquire about anything concerning your case, as well as questions about judicial issues in your state.

Comments: answer this question

"Father died and 8 days later my step mother died. No wills found. Can we file one probate? "

Oregon probate law attorneys Roseburg

The content of this field is kept private and will not be shown publicly.
About text formats
I agree with Terms & Privacy Policy
Image CAPTCHA
Enter the characters shown in the image.
Get new captcha!

Similar legal questions...

© 2016 explorelawyers.com