Spearman, TX Estate Planning Law Firms & Lawyers

In Lincoln County, the judge sends a very brief letter generally outlining the duties of the administrator. It barely scratches the surface. Do yourself, and the other heirs, a favor, and hire a lawyer to help you with the probate. There are five chapters of Oregon law dealing exclusively with probate, and many more statutes that affect or are affected by probate issues. After 12 years of doing probates, I still don't know it all. Doing the probate right, it is a clean and open process that ensures that the decedent's debts get paid and his or her will is carried out; doing it wrong, it can be a hopeless expensive mess. Do it right the first time.

The probate process takes place in the state where the decedent was a resident. Where he died does not really matter. If his wife is still living, probate will probably not be necessary, as long as his wife has access to their assets.

It is not clear if the deceased's spouse was alive at his death. If she was alive at his death and she was omitted from the trust for whatever reason she would have the right to elect to take against the estate but the election must be made rapidly. If an estate was opened in the probate division of the circuit court (if the trust was contained in a will this would be the case). That election would have to be made within six months of the grant of Letters Testamentary or Letters of Administration. If the spouse has since died at the very least an estate should be opened for her. The heirs of the wife need to hire counsel to protect their rights.