Best Probate Lawyers in Medford, OR

FAQs

• What is the non-emergency contact number for the local police station in Medford, Oregon?

  For non-emergencies, you may contact the Medford Police Department at 541-774-2250.

• Where can I get a copy of police reports for incidents related to my case in Medford, Oregon?

  To obtain a copy of a police report, you may mail or submit your written request in person to the Medford Municipal Court, 411 W. 8th Street #285, Medford, OR 97501-3188.

• Can you change your will after it has been created in Medford?

  In Medford, you can change your will as long as you are mentally capable. Significant life events may also prompt you to update it. In Oregon, getting married may invalidate any previous will. To revoke your old will, you can either destroy it or create a new one. For minor changes, you can use a codicil attached to your existing will. It is best to consult an attorney to make sure that your changes will be valid and legally enforced.

• Can you disinherit someone in a will in Medford?

  Yes, you can explicitly disinherit family members who would normally inherit your property in Medford. This is done through a will, where one can specifically exclude or limit the right of an individual or group to inherit their assets through intestate succession. If any surviving individual was disinherited, the portion of the decedent’s estate they would have received will be treated as if it was voluntarily given.

• Can you have a personal representative removed in a Medford probate case?

  Yes. A personal representative in a Medford probate proceeding can be removed from managing the estate. Frequently, this occurs when the personal representative falls ill or becomes unable to fulfill their responsibilities. In rarer cases, the personal representative may have mishandled the estate's assets or engaged in fraudulent activities involving estate funds. In any of these scenarios, either the court or an interested party has the option to request the removal of the personal representative through a court petition.

• What happens if someone dies without a will in Medford?

  When someone passes away without a valid will in Medford, it is referred to as dying intestate. If this happens, the decedent’s entire estate must undergo probate. During this process, the court designates a person, typically a surviving spouse or adult child, to oversee the allocation of assets and the resolution of any remaining financial obligations and tax liabilities.

• Should a will be notarized in Medford for it to be considered valid?

  No. In Medford, wills are not required to be notarized for them to be considered legally valid. In Oregon, the process of finalizing a will involves signing and dating the document in the presence of two witnesses. This means that once you have signed and dated your will, with the presence of two witnesses who can attest to the process, it is considered legally valid under state law.

• What does a probate attorney do?

  Probate attorneys are licensed professionals who represent executors and heirs after someone has died. They provide personalized legal advice, assist with tax planning, settle debts, and facilitate the distribution of assets. Probate attorneys typically represent clients during administrative proceedings overseen by probate courts, although some litigators focus on handling disputes and lawsuits related to contested estates.

• What is probate court?

  Probate court works with the family or beneficiaries of a deceased person to validate their last will and testament. The courts review the individual's will to identify and calculate assets, pay off remaining debts, and distribute the remaining property to beneficiaries per the deceased person's requests. Depending on state laws, property valued under a certain amount may not require probate.

• How long do you have to file probate after death?

  The amount of time loved ones have to file a will after a person dies varies from state to state. While California courts require probate to be filed within one year, New York has no deadline. That being said, it's advisable to file probate as quickly as possible once a person has died, as the process itself can take anywhere from a few weeks to more than a year.

• Does life insurance go through probate?

  Life insurance doesn't need to go through the probate courts if the deceased individual has named a beneficiary on their policy. However, life insurance policies without beneficiaries, or with beneficiaries who are either deceased themselves or cannot be contacted, go directly to the deceased individual's estate. When this happens, life insurance proceeds must go through probate court to determine how funds should be allocated.

• Do household items go through probate?

  While the exact rules do vary from state to state, most household items don't require probate and are automatically left to immediate families unless otherwise stated in the deceased person's will. When it comes to property, only items above a certain value or held in title are required to go through probate in most states.

• Do bank accounts with beneficiaries have to go through probate?

  In the event a beneficiary has been named, bank accounts are not required to go through probate and will be paid directly to the person designated by the deceased individual. However, should that individual be deceased themselves or if contact cannot be made after a certain period of time, funds will be allocated to the estate and put through the probate process.

• What happens if no probate is filed?

  Depending on the circumstances, probate may not be required in all cases. If a person passes on and their remaining property is jointly owned, it automatically transfers to the other owner. However, if a property is not jointly owned and no probate has been filed, the executor of the will won't be able to transfer titles or cash assets to beneficiaries. Be aware that the specific laws surrounding probate requirements vary from state to state.

• What is probate real estate?

  Probate real estate is the process that happens when a realtor steps in to handle the sale or transfer of a deceased person's owned home to another individual. In some cases, the house is sold as a means of liquidating assets, and proceeds from the sale are used to pay debts or are distributed to beneficiaries.

• Can I probate a will or estate without an attorney?

  It is possible to probate a will and close an estate without hiring an attorney. However, it requires multiple steps and an understanding of the law. The first step is to petition the court to appoint a representative for the estate. Next, the executor must notify all heirs and creditors before switching ownership from the decedent to the estate. Once all debts, taxes, and final expenses have been paid, funds can be transferred to heirs. To close an estate, the executor must submit a report showing the court that all obligations and final wishes have been satisfied. While a will and estate may seem straightforward, things can get complicated quickly if multiple heirs are involved, or if disputes or disagreements arise over distribution. A probate lawyer can help navigate these disputes effectively, and take pressure off the executor when beneficiaries aren’t getting along.

• How many years can an estate remain in probate?

  If the will or proposed distribution of property is contested, an estate may remain in probate for several years. The timeline depends on how long relatives have to initiate probate, how long creditors have to come forward, and how busy the courts are. In some states, such as Florida, relatives have just 10 days to initiate probate, and the entire process takes approximately six months. In other areas, such as Massachusetts, the process can last one to two years, although the majority of probate activities occur in the first nine months. The value of the estate also affects the duration of the case. For example, California and Texas have simplified procedures for smaller estates, such as those valued at $150,000 or less.

• When is a will's probate an automatic process?

  Probate is the legal process of validating a last will and testament to ensure that the decedent's wishes are followed. A probate judge may automatically clear wills if they're accompanied by an affidavit from the decedent, a notary, and a witness. Some assets, including financial accounts with designated beneficiaries, and funds held by certain types of trusts don't have to go through probate.

• What does it mean when property is under probate?

  Real estate that's under probate is typically liquidated through the court system, which is most common when someone dies without a will. Home buyers who are interested in this type of property must follow special rules regarding deposits, which are sometimes nonrefundable, and buyer's premiums. Additionally, the court must approve the purchase price.