Wills

Published on: February 28, 2023

My Relative Passed Away. What do I do?

By Lee Van Duzer

A patron came in who had lost her father. She knew she needed to do something about his estate but had no idea where to start. A friend had told her she might not need to file anything with the court. She wanted to know what to do and if the court needed to be involved.

First, we pointed her to resources, such as law dictionaries, to explain a couple basic terms.

Probate is the court process of appointing, and overseeing, someone to administer an estate, identify heirs, inventory assets, pay debts, and distribute the remaining property. This process is handled by the Probate Department of the court.

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Published on: November 4, 2014

Death with Dignity: Advance Directives (legal form) in Oregon: Health Care Instructions

By Laura Orr

Appointing a Health Care Representative and Giving Health Care Instructions (form).

You can find this form (and future updates) and additional information at the Oregon DCBS Advance Directives website.

Published on: April 10, 2014

Drafting Your Own Will? A Cautionary Tale

By Laura Orr

Online ABA Journal article: “Estate dispute caused by ‘E-Z Legal Form’ is a ‘cautionary tale,’ says justice,” by Debra Cassens Weiss.

“Ann Aldrich used an “E-Z Legal Form” when she made out her will in 2004, a decision that proved to be a good choice for two nieces who cited the document’s lack of a residuary clause.

In a decision issued last week, the Florida Supreme Court ruled for the nieces, though they weren’t mentioned in the will. The court said money acquired by Aldrich after the will was made out should be distributed under the laws of intestacy, which govern distribution of property for those who die without a will. The reason: The E-Z form did not have a residuary clause providing for the disposition of property not listed in the document….” [Link to full article.]