Author Archives: Gina Delgado

Oregon- Gina Delgado

 

Part One:

https://en.wikipedia.org/wiki/Oregon

Part Two:

1.) The following are Oregon’s statutes to intestate succession in three situations:

  1. If the decedent leaves a surviving spouse and issue, the intestate share of the surviving spouse can be distributed in two ways:
  2. a) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the entire net intestate estate.
  3. b) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the net intestate estate. Or. Stat. Ann. § 112.025 (West 2015). The difference in New York is that if one dies intestate and leaves behind a surviving spouse and issue, the surviving spouse’s intestate share is the first $50,000 plus ½ of the remainder of the estate.  The rest is simply divided among the issues. N.Y. Est. Powers & Trusts Law § 4-1.1 (a) (1) (McKinney 2015).

2. If the decedent leaves a surviving spouse and no issue, the surviving spouse shall have all of the net intestate estate. Or. Stat. Ann. § 112.035 (West 2015). The difference in New York is that if one is survived by a spouse and no issue, the entire estate goes to the surviving spouse. N.Y. Est. Powers & Trusts Law § 4-1.1 (a) (2) (McKinney 2015).

3. The part of the net intestate estate not passing to the surviving spouse or issue shall pass:

a) To the issue of the decedent. If the issues are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more degrees take by representation.

b) If there is no surviving issue, to the surviving parents of the decedent.

c) If there is no surviving issue or parent, to the siblings of the decedent and the issue of any deceased sibling of the decedent by representation. If there is no surviving brother or sister, the issue of the siblings take equally if they are all of the same degree to the decedent, but if it is unequal degree, then those of more remote degrees take by representation.

d) If there is no surviving issue, the parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

e) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. Or. Stat. Ann. § 112.045 (West 2015). The difference in New York is that if there is no spouse nor issue, the estate automatically goes to the surviving parents. N.Y. Est. Powers & Trusts Law § 4-1.1 (a) (5) (McKinney 2015).

2.) The following are Oregon and New York’s statute to Testamentary Capacity.

  1. In Oregon, any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind and memory, may make a will.  Or. Stat. Ann §112.225 (West 2015). This is the same concept in New York; any person who is 18 years of age or older or who has been lawfully married, and who is of sound mind and memory, may make a will. N.Y. Est. Powers & Trusts Law § 3-1.1 (McKinney 2015).

3.) The following are Oregon and New York’s statute to the number of witnesses during an execution of a will.

  1. In Oregon, in order to duly execute a will there must be two witnesses.  Or. Stat. Ann. § 112.235 (West 2015). Similarly, in New York in order to duly execute a will there must be two witnesses. However it is recommended to have three witnesses at most. N.Y. Est. Powers & Trusts Law § 3-2.1 (a) (4) (McKinney 2015).

Part Three:

4. The largest city in Oregon is Portland.

http://huntpc.com/practice-areas/estate-planning/?gclid=CNjgoPaArMkCFUMXHwodk-8Oiw

This website is very simple to follow. If one is thinking about estate planning, they will have all the information that they will need.  It has a firm overview, the attorneys, the practice areas, and etc.  It also has all of their contact information when one could be interested in consulting an attorney.

5. The real estate appraiser in Portland, Oregon is called the Portland Residential Appraisers.

http://www.pdxres.com/

2505 SW Spring Garden St, Suite 100
Portland, OR 97219

What I noticed that besides standard home appraisal services, they conduct property tax appeals, appraisals for estate planning, expert testimony, and appraisal reviews.  It also looks like they care a lot about their clients.

6.  Multnomah County- 1021 SW 4th Ave, Portland, OR 97204

Aerial view of Multnomah County Courthouse

7.  Portland Community College at Portland, Oregon

http://www.pcc.edu/programs/paralegal/

The Paralegal Program at the Cascade Campus of Portland Community College (PCC) offers an Associate of Applied Science degree. It also has been granted approval of its program by the American Bar Association (ABA) effective February 8, 2010.

As a resident, one will have to be $96 per credit. If one is a non-resident one will have to pay $224 per credit.  There are also some mandatory fees such as the technology fee ($4.50 per credit), student activity fee (2.20 per credit), distance learning fee ($20 per course), lab fees ($45 per course), college service fee ($15 per term), and transportation fee ($8 per term).

Estates, Trusts, and Wills Course description: Probate Practice (PL 11)

This course is designed to provide an overview of estate administration in Oregon courts by use of Oregon statutes, rules, and forms.  We will analyze the concepts involved in intestate succession and compare those to the concepts involved in testate (with a will) succession.
Students will be provided with information about the various types of ownership of property and will discuss how these types of ownership apply to probate. Students will be introduced to terminology specific to probate. Attention will be directed to practical probate practice, such as basic office procedures, checklists, and probate-related tasks most typically performed by legal assistants. This is an elective course for either a certificate or a degree in the Legal Assistant program at Portland Community College.  Course work may include, but is not limited to, the use of texts, state statutes and rules, journal articles, lecture, group discussion and activities, guest speakers, and student presentations.