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Estate Law

My friend recently passed away and I am named executor of…

Customer Question
My friend recently passed...

My friend recently passed away and I am named executor of will. Not sure what to do

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Oregon, Multnomah county

Lawyer's Assistant: What documents or supporting evidence do you have?

She has a will that was not drawn up by an attorney, but there are witnesses and it is notorized

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She has 6 daughters; four receive nothing or very little: one has her bank account and one receives the house which, by the way, has a reverse mortgage. The bank account was jointly owned by the deceased and her daughter.

Submitted: 1 month ago.Category: Estate Law
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1/5/2018
Estate Lawyer: Richard, Attorney replied 1 month ago
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,176
Experience: 29 years of experience practicing law, including tax and estate planning.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Estate Lawyer: Richard, Attorney replied 1 month ago

Good morning. You will need to file the will for probate with the probate court in the county in which your friend resided at death. Unfortunately, you will need a lawyer to do this for you since as a fiduciary you are representing other beneficiaries...thus, you would be deemed to be practicing law without a license if you tried to do it yourself. The court will validate the will as authentic and issue you official documentation evidencing your appointment as executor. It's that documentation that will evidence your authority to act on behalf of the estate. I know that this seems like a huge hassle, but this is for the protection of all involved parties. In order for other parties to the transaction (buyer, title company, etc.) to be assured that the will is valid and your appointment is valid, those parties need verification from the probate court that this was indeed the valid last will and testament of your parents and that you are indeed the authorized personal representative as evidenced by letters testamentary issued by the court. Otherwise, these third parties can't be sure that someone else is not going to later claim to have the valid will of your parents and to be the representative. These rules are also in place for your own protection to prevent someone else claiming estate assets.

Thank you so much for the 5-star rating! I know rating takes an additional step and I truly appreciate you taking the extra time! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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Estate Lawyer: Richard, Attorney replied 1 month ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you!

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Richard
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,176
56,176 Satisfied Customers
Experience: 29 years of experience practicing law, including tax and estate planning.

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