Probate And Conservatorship Guidance

Ask Your Question For Free

Summary

The conversation covers the complexities of probate and conservatorship laws in Oregon and Hawaii. Key points include the need for emergency conservatorship, filing complaints about suspected fraud, and the requirements for wills and durable power of attorney in both states. The user is advised to consult a lawyer for precise advice and to ensure all legal procedures are correctly followed.

Full Conversation

I've been a fiduciary for decades with my two OR real estate licenses and helping a friend that has no money; mother passed in HI Nov * and all I want to do is apply for a master, ask for emergency (can't remember what that's called now) so we don't wait for a hearing (I believe fraud has happened by her sis that was the Trustee for her sis.. both got $3mil from Daddy almost * yrs prior. My friend has a tumor behind their eye and BP over *.. and she has no assets except this possible inheritance, so I'm thinking a simple will with me Executor, along with a durable POA to begin with, is prob the approach? One more thing for the Hawaii Probate Court, the Master appointment form.. as a * yr Certified Appraiser, I'm thinking I should give ALL the red flags I've noted, including HI real estate with Daddy's name still on it, but my friends Mom knew nothing about it. I just think besides completing the form so they'll accept it, I only get one chance to make it clear why I believe they need to step in pronto! (The sis even sent * grandkids $3k each, but out of her personal checkbook? There WAS a will, but Aunt is saying no? I have about * points, besides that when she had her stroke they were fighting, the sis saying she was broke and only had $175k left.. * yrs *% inflation, Trust in an Edwards Jones acct.. Daddy concerned she'd spend it before dying, so surely controls on it.. and she went thru $* million? The two main questions and any related pertinent info is my main focus right now. THANKS! ;)
Hello ****, it sounds like a complicated situation. To help your friend, you may need to consider:
- Applying for emergency conservatorship to protect your friend's interests immediately.
- Filing a formal complaint about the suspected fraud to the Probate Court in Hawaii.
- If there are estate assets in Oregon, consider probate proceedings there too.
Please consult with a lawyer for precise advice.
She has no money and I'm not willing to foot any more than an initial conference to find price just to make sure the forms will be accepted.. I ONLY want a Probate Attorney working in THAT probate Court regularly.. since they should know how it'll go. Explain conservatorship, since my main focus is what direction to go, to make sure I can follow through on this no matter what happens.. no Executor or anyone else can stop me, even if my friend passes before this is all settled. As my research shows.. once the Court assigns a Master (Court Staff)... THEY did until they're satisfied, charging the Estate any fees for professional help the Master requires. Since probate was never started and "any real property ownership, or $100k+ assets" requires probate in HI from what I see. So Conservatorship?
Conservatorship in Oregon allows a person (the conservator) to manage financial affairs of someone unable to do so. Key points:
- Generally, requires a court hearing and judge's approval.
- Annual accountings to the court are required.
- Conservators can be paid from the protected person's estate.
- Conservatorship ends when the person dies, recovers, or conservatorship is no longer needed.
This is general advice, please consult with a lawyer for more precise information.
Ok, then clearly durable POA, along with a simple will including directions for the POA to follow. Last question maybe.. and remember Mom lived and died in Hawaii.. friend and I live in Oregon.. so if she doesn't also name me as the Executor of her will, in the event she passes before this is all be resolved and anyone else is either named or assigned by a Court.. will the will directions for the POA to continue be satisfactory? meaning no one can stop me? See, I still think I "have" to be the Executor too, in order to really protect my friend.. since even if she passes, I still have the legal assets to continue "unabated".. where if I'm not the Executor, I can see how everything would have to stop until "a Court" approved for me to continue. See what I'm saying? Whatcha think?
A durable POA generally ceases upon the death of the principal. Being the executor can allow you to continue to manage her affairs. However:
- If you're not named as the executor in the will, the court may appoint one.
- If the will is contested, the court decides the validity.
- Being the executor doesn't guarantee unchallenged authority.
Consult a lawyer for precise advice.
You forgot to mention WILL DIRECTIONS by the Principal.. doesn't everyone have to follow the Principal's directions, for the initially assigned POA to continue? Even if death negates any/all POA's, can't the Executor immediately continue it so Court proceedings, responses to the Court, etc can still be handled timely?
Your points are correct, ****. However, the rules are:
- While the principal's direction in the will is influential, it may not always be followed if contested.
- Upon death, the POA ceases. The executor can't immediately continue it.
- The executor, however, can handle court proceedings once appointed.
As always, consult a lawyer for precise advice.
lolol To be blunt, dying SUCKS. I also hate death tax.. it's not right. Ok, so I can't really protect her on my own. I kinda think. Thanks for the referral and help! ;)
Hello ****, I understand your frustrations and concerns. It's a complex situation. Remember, the legal system is designed to protect everyone's interests and ensure fairness. Please consult with a probate attorney in Hawaii for precise advice on your friend's case.
One last comment.. at least since the "goal" is to get a Master assigned before the sister hides the money and to get any rightful inheritance (she's got zip and the Aunt didn't even speak to her for over a year, no phone number to reach her etc.. so I'd be surprised if a Court or any other legal entity, would be appropriate to block or infringe on that continuing to move forward at all. That makes sense, correct? ;)
Yes, ****, you're correct. Your goal of getting a Master assigned before money gets hidden is a valid concern. However, it's crucial to follow legal procedures:
- A formal complaint to the court about suspected fraud.
- Apply for emergency conservatorship.
- Consult a Hawaii probate attorney.
These steps can help protect your friend's interests.
And emergency conservatorship will be an Oregon law thing, correct? You have a couple suggestions where to research requirements, necessary forms, processes, etc?
Yes, ****. In Oregon, you can find information about emergency conservatorship on the Oregon Judicial Department's website. For the necessary forms, requirements, and processes, you can refer to:
*. Oregon Judicial Department's Family Law Forms page: www.courts.oregon.gov/forms
*. Oregon State Bar's Public Legal Information page: www.osbar.org/public/legalinfo
Remember to consult with a lawyer for precise advice.
I WILL!! And you've been great, thank you so much!!
I'm glad I could assist you, ****! Remember, legal matters can be complex, so seeking professional advice is always recommended. Don't hesitate to reach out if you need more information in the future. Good luck!
Sorry bud, but hitting the DOJ site got me thinking.. so this form name sounds like I'll kind of technically be considered a guardian in a conservatorship? So does that mean I'm also legal responsible for my "ward"? lol NOTHING SIMPLE, right? ;)
Hello ****! In Oregon, a conservator is responsible for managing the financial affairs of the person under conservatorship, not their personal care. However:
- You're liable for mismanagement of assets.
- You must provide accountings to the court.
- You can be removed for not fulfilling duties.
Consult a lawyer for precise advice.
Do you know all state laws? If so, can you compare Hawaii & Oregon laws for probate, but specifically requirements of a will... and also power of attorney?
Sure, ****. I can provide general information for comparison:
Regarding Wills:
- In Hawaii and Oregon, the person making the will (testator) must be 18 years old and of sound mind.
- Both require the will to be in writing and signed by the testator.
- Both states need two witnesses to sign the will.
For Power of Attorney:
- Both states recognize durable POA, which remains in effect if the principal becomes incapacitated.
- POA documents must be signed and notarized in both states.
Remember, laws can vary and change, so consulting with a lawyer is recommended.
PERFECT & concise! Thanks. So likewise a will requires some basics and I can't find my list from yesterday.. but full name, list beneficiaries, etc? Also a durable power of attorney has similar "basic" requirements and want to start on getting that info together for when I call lawyer.com. Thank you!
For a will in Oregon, you will generally need:
- Full legal name of the person making the will (testator)
- Statement declaring the document as the last will
- List of beneficiaries and what they will receive
- Appointment of an executor
- Signatures of testator and two witnesses
For a durable power of attorney:
- Full legal names of the principal and the agent
- Statement that power of attorney is durable
- Specific powers granted to the agent
- Signature of the principal and notarization
Remember, these are general guidelines. Consult with a lawyer for precise advice.