Suisun City, CA Estate Planning Law Firms & Lawyers

It depends on the verbiage within the will. If it states in equal shares, per stripes, then you and your living sister receive one-third each, and your deceased sister's children receive her one-third share.

The best option is usually a trust and an agreement with your husband for him to waive his statutory share of your assets. The waiver can be part of a post nuptial agreement (they are possible in Oregon but not always enforceable).

I'm pretty sure the mediation lawyer would have a conflict, couldn't represent you. Assuming you mean conservatorship, it may be most efficient to just keep a sharp eye on the conservator's annual accounts, and object if you see money being mis-applied. Fighting about the conservatorship will just cost your mother money, since the conservator's attorney fees can be charged to the protected person. Probably your mother needs help, if the conservatorship was allowed; arguing about who is conservator is usually not efficient. Spend your time analyzing how your mother's money is being spent, and be prepared to object if it's being wasted.