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My folk have a will,I am the executor,dad just past away,mom…

my folk have a will,I...
my folk have a will,I am the executor,dad just past away,mom it frail and weak and tired and may not have long,I was told when she goes the estate goes into probate which costs 5-7% of the total assets? that goes to the courts?And then my dad was in ICU for 20 days ,he had medicare or medicade which ever one that pays less,is what he had.So cars and ATV and trailer gets tired up in probate to?Its possible there is nothing left in the end? and spend weeks getting house ready.Lawyer gets paid first too? I want to know what smart options I have? pull cash out when she goes? Any way the house goes to me when she goes and probate cant touch it?
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Answered in 24 minutes by:
1/25/2017
N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,657
Experience: Since 1983
Verified

Thank you for your question.

Which State is this in?

Are there other beneficiaries of the will?

How is title to the house held now? Please quote the exact language of the deed if you can.

Has she named you as the transfer on death beneficiary of all bank and financial accounts?

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Customer reply replied 1 year ago
Oregonjust my sisteronly names on title are mom and dads ,it has a reverse mortgageIn the will I have POA ,I am not sure if its in the will,if it is I would be the only one named for it.Sorry these are not clear answers.

The POA expires when the pricipal dies.

Does the deed name your parents as joint tenants, tenants in common, or something else?

Are you planning to pay off the amount due on the reverse mortgage when your mother dies?

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Customer reply replied 1 year ago
I have two separate wills mom 1 dad 1.i could buy it but worried probate tying it up.dads hospital bills could be huge and either medicaid or medicare. The weaker of the two.22 days in ICU and a jet med flight from s.ore to n.ore
Customer reply replied 1 year ago
I could afford the balance on the reverse mortgage. I was trying to say

One way to keep the house out of probate would be for your mother to sign a deed putting it into joint tenancy with you, but only a local attorney can provide legal advice.

I don't have enough facts to know if your father's estate qualifies for the small estate process, see

http://www.osbar.org/public/legalinfo/1117_probate.htm

You can get a free consultation from some of the estate planning attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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Customer reply replied 1 year ago
When mom goes and lets say I did not get the property deeded to me and there is say 35k in the bank accounts,is it legal if I take it? to protect it from probate,only ones owed would be the hospital which could be huge. The house might sell for 300-350k balance on rev. mortgage is 60k. I know one checking account I am a benificary.Other acounts not sure.was supposed to be but found out im not a signer,mom cant go into the bank to change that but would if she could.The attorney that wrote the will,i called to ask about probate,he mention the word ethics but didnt tell me what is legal,he sounded like he was pushing for probate and to keep all the assets you can in the estate like the rv or the ATV.Please give me some idea of what I can do.I felt like maybe I shouldnt have devulged the assets.I feel like an attorney would tell a family how to do things but if that attorney was in the same boat he would do things different .(push the envelope) Thanks

Will the bank let her sign the transfer on death forms at home?

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Customer reply replied 1 year ago
no they wont

I don't think the bank has the right to do that, she can sign the forms at home in front of a notary. Has the bank given a written explanation of why it is violating her rights to designate TOD beneficiaries?

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Customer reply replied 1 year ago
ok,all i hear is you have to come in.only way.what about my other questions? can you answer like a realitive or you need to answer like an attorney? ThanksThe attorney that wrote the will,i called to ask about probate,he mention the word ethics but didnt tell me what is legal,he sounded like he was pushing for probate and to keep all the assets you can in the estate like the rv or the ATV.Please give me some idea of what I can do.I felt like maybe I shouldnt have devulged the assets.I feel like an attorney would tell a family how to do things but if that attorney was in the same boat he would do things different .(push the envelope) Thanks

I'm sorry I just wrote 3 paragraphs that vanished. You cannot just take the money out of the bank after she dies without her signing TOD instructions. If you have a current valid POA for finances, you could just close that account and open a joint tenancy or TOD account at a nicer bank

1- The real estate can be put under a TOD deed or into joint tenancy to keep it out of the probate court, see

http://gov.oregonlive.com/bill/2011/SB815/

and

https://www.oregonlaws.org/ors/93.975

2- Bank and brokerage accounts can also have a TOD instruction put on them, see http://www.rbsllc.com/pod-or-tod-account-in-oregon/ and the bank has no right to make her go to the bank to get the form signed and notarized. You need to be more forceful with the bank or get your own new attorney to force them to obey the law.

3- Your parents' lawyer has an apparent conflict of interest and seems to assume that he will be the attorney for the executor. The fees of the executor and attorney are based on a percentage of the estate so it is disturbing but not surprising that he seems to want the estate to be as large as possible.

As I posted earlier,

You can get a free consultation from some of the estate planning attorneys listed by location here.

and I think you need to consult your own attorney to assist you in getting property titled either as joint tenancy or as TOD as quickly as possible.

Your mother may also want to sign an advance directive.

If the bank won't give you the TOD form your new lawyer will either get the form or draft one you can use.

It is clear that there is poor if any communication from your parents' attorney, and I have to urge you to consult a different attorney who can represent you and make the bank obey the law.

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I meant listed by location here.

N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 9,657
Experience: Since 1983
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Customer reply replied 1 year ago
Ok ,you are confirming my suspicions,that this attorney is not looking for our best interest,or he would have made a few suggestions to protect her assets.Thank you.

Thank you for the great rating!

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Customer reply replied 1 year ago
Sir you are welcome
My mom has been feeling better in the last 2 days,talked tonight she was concerned that i need to get on her accounts as signer and benny,I told her to protect the house she can sign a deed over to me,she was good with that just needs to be simple,is it a forum or 2 I can take to her then file with county? Do I need to fing a better attorney to draw it up then come to the house? I am 4 hrs away but can pretty much go in a moments notice.Thanks
Customer reply replied 1 year ago
I ment to say I will find another attorney I dont want to talk to the guy that wrote it up.

Joint tenancy grant deed forms are available at stationery stores and real estate offices, and law libraries, and there is a TOD deed form linked from

https://www.deeds.com/forms/oregon/transfer-on-death-deed/​

There are mobile notaries who can come to her to witness her sign and deliver the deed to you. A joint tenancy deed would say from Mother as grantee to Mother and Child as joint tenants with right of survivorship as grantees. You do not need an attorney to write a deed but I am not giving any tax advice. I am 99% sure that there is not going to be a transfer tax at the recorder's office because the deed it between immediate family members.

I do think you should consult an attorney about the relative advantages and disadvantages of creating a joint tenancy versus a TOD deed.

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The official TOD deed form is available for free at

https://www.oregonlaws.org/ors/93.975

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Customer reply replied 1 year ago
How long does a recording normally take? or ball park it

I don't know about Oregon but usually a document is indexed by the recorder within a day or two of being presented. It is often done the same day but you would have to call the recorder in your county to find out.

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Customer reply replied 1 year ago
well after 3 attorney referrals .It circled back to the guy that wrote the will.I asked that person if I read it wrong about him.she sad yes.So i called the guy and he said the TOD wont protect the house from creditors.And gave other reasons why he didnt like it.

Then maybe a joint tenancy deed would be preferable.

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N Cal Attorney
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