A Resourceful Lawyer for Drafting Wills and Minimizing the Need for Probate
We believe every adult — regardless of whether he or she is wealthy or has limited assets — should have a will, financial power of attorney, and advance directive. If this is all you need, we can assist you efficiently and cost-effectively. We also handle many probate cases for people who must usher someone's estate through this process.
What a Will Can Accomplish — and What It Cannot
A properly drafted will primarily accomplishes two very important things:
- It allows you to name who you want in charge of your estate after you die.
- It allows you to specify who you want to receive money, property and other assets you leave behind.
In comparison to some other states, Oregon has a fairly complex, intensive and sometimes costly probate process. Probate is necessary for transferring title of the decedent's property and settling debts with creditors. Recognizing this may add incentive to take the estate planning steps necessary to avoid or minimize probate, such as setting up a revocable living trust or other type of trust.
Answering Your Questions About Wills and Probate
We frequently work with people who have been told or led to believe that having a will is sufficient to prevent their surviving family members or other heirs from having to deal with probate. This is simply not true. Having a will alone does not mean your estate will not go through probate.
The Oregon probate process is not in place solely to deal with estates of those who die without a will or trust (intestate succession) — or even to accomplish other useful things such as resolving disputes and creditor claims.
Probate is required when there is no other legal way to transfer title to assets. For example, if you were to pass away with a house in your name alone, your will may specify that the house should go to your surviving spouse or a child — but you are not alive to sign over the deed.
If you are dealing with an estate that must go through probate, Portland attorney Phil Hingson can provide capable, efficient representation at a reasonable rate. Under certain circumstances, we have also been able to apply specific legal tools to avoid probate even after the property owner has passed on. When you contact us, you can be confident that we will look at all the alternatives and be able to take the best available action according to your needs.
