Legal Question in Wills and Trusts in Oregon

Vanguard says they'd need letters testamentary to issue in estate's name, local bank agrees they could deposit a check to his estate in an estate account with letters testamentary and probate papers. Missouri probate office refers to Oregon. State of OR wants intestate version of affidavit of claiming successor/small estate. Where can I find this document?

-----> Too bad husband did not make a specific beneficiary designation naming his wife as beneficiary. There would have been no problem. But, alas.......

Stevens-Ness Law Publishing Co. in Portland is the source most Oregon lawyers for pre-printed legal forms. Theire website is:

http://www.stevensness.com/

Try the following forms:

http://www.stevensness.com/store/results.cfm?searchType=keyword&criteria=small+estate&searchState;=

1502; Small Estate Administration Kit (OR)

http://www.stevensness.com/store/detail.cfm?fID=168

1406A; Small Estate Affidavit--Testate Estate (OR)

http://www.stevensness.com/store/detail.cfm?fID=121

1406B; Small Estate Affidavit--Intestate Estate (OR)

http://www.stevensness.com/store/detail.cfm?fID=122

And is it even necessary for surviving spouse?

-------> Yes, it is even necessary for a surviving spouse. Suppose Vanguard pays out the proceeds to the woman who presents herself to Vanguard and says she is the decedent's surviving spouse, and then the next day some other woman shows up and claims the she (not the other woman) is the REAL surviving spouse? Vanguard would have a real problem on its hands. BUT.... under Oregon law,.... if Vanguard pays out the money to a person who presents a Affidavit for Claiming Successor, Vanguard is off the hook as far as any further legal liability.

See ORS 114.535. (1) Any person indebted to the decedent or having possession of personal property belonging to the estate, to whom a certified copy of the affidavit filed under ORS 114.515 is delivered by the affiant on or after the 10th day following the filing of the affidavit, shall pay, transfer or deliver the personal property to the affiant. * * * The transferor is discharged and released from any liability or responsibility for the transfer in the same manner and with the same effect as if the property had been transferred, delivered or paid to a personal representative of the estate of the decedent.

Oregon's Small Estate Affidavit statutes are part of ORS chapter 114. Online at:

http://www.leg.state.or.us/ors/114.html

Is there also a way she can get a waiver of the court costs?

-------> Yes, but it would require a Motion for Waiver for Court Costs, coupled with an Affidavit in Support of Motion for Waiver of Court Courts, coupled with a court appearance to present the motion and affidavit and obtain a court ruling. Even then, rather than an waiver, the judge would most likely simply order a DEFERRAL, directing that the filing fee be subsequently paid to the court once the claimant gets the money from Vanguard.

In any event, the filing fee for a Claiming Successor's Affidavit is now $78. (Note, ORS 114.515(6) says the filing fee is $23. However, an emergency legislation took effect 10/1/2009 providing for an across-the-board increase in all Oregon court filing fees. So the fee is now $78 for Small Estate Claiming Successor Affidavits.

Call the Court Administrator's office of the appropriate county for more info re local procedures.

http://www.ojd.state.or.us/sca/ojdrefdir.nsf/Trial Court Administrators?OpenView

Small Estate Affidavit procedure is designed to be a do-it-yourself process, without need for lawyer involvement. And it can be all done via mail, without any need to physically return to Oregon.

LAWRENCE D. GORIN

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Phone: 503-224-8884

Fax: 503-226-1321

E-mail: [email protected]

http://ldgorin.justia.net/index.html