Understanding Estate Planning, Wills And Trusts
You may not have considered estate planning before, but it is a process that is beneficial to everyone. When you meet with an experienced attorney like ours at Martin, Elliott & Snell P.C., you will have the opportunity to plan for your future and preserve your legacy. Each of our attorneys bring more than 30 years of legal experience to help you understand the complicated world of estate planning and ensure that your assets are handled the way you want.
Working With Wills And Trusts
When you work with our attorneys to create a will or trust, we will help you understand what you should think about including in your plan. We can walk you through the different components of your estate, discuss your specifications and help you decide what type of estate planning is best for you.
A will is a legal document that you can use to plan for your future and the future of your family after you are gone. You can use a will to name guardians for your children, specify your final wishes and distribute your assets among family, heirs and beneficiaries. You can also name a person or persons to be the executor/personal representative of your estate. Executors carry out the probate process, typically with the help of a lawyer.
Depending on your goals and assets, you may need one or more trusts. One of the benefits of a trust is that it does not go through probate and the details of it are private.
There are numerous types of trusts available including:
- Special needs trusts
- Living trusts
- Charitable giving trusts
- Pet trusts
- Insurance trusts
These are only a few examples. When we assess your estate planning goals, we will recommend the types of trust(s) that are right for you.
Protect Yourself With Powers Of Attorney And A Living Will
Our lawyers can also help you appoint your power of attorney, who will make financial and health care decisions for you if you are unable to do the same. You can appoint the same person to manage both or separate people to manage them individually.
You may also wish to create a living will/advance directive. This document allows you to specify the type of end-of-life care you wish to receive. It can be of great comfort to your loved ones to know your wishes about end-of-life care.
Frequently Asked Questions About Estate Planning In Oregon
The answers below explain how Oregon law generally addresses these common concerns for individuals and families in Tualatin.
Where are probate proceedings handled for a resident of Tualatin?
Probate proceedings are handled in the county where the deceased person legally resided. Because Tualatin spans both Washington County and Clackamas County, the correct probate court depends on the person’s official residence at the time of death. Estates for Washington County residents are generally administered through the Washington County Circuit Court in Hillsboro, while estates for Clackamas County residents proceed through the Clackamas County Circuit Court in Oregon City.
Establishing the proper venue is an important first step because the probate court oversees the appointment of the personal representative, validates the will when one exists, resolves creditor claims and authorizes the distribution of estate assets. Filing in the wrong county can delay the administration process and create unnecessary complications.
How does Oregon law handle asset distribution if someone dies without a will?
If someone dies without a valid will, Oregon’s intestate succession laws determine who inherits the estate. Generally, a surviving spouse inherits the entire estate when all children are shared with that spouse. However, if the deceased had children from another relationship, the surviving spouse typically receives part of the estate while the remaining portion passes to those children according to Oregon law.
If there is no surviving spouse or eligible descendants, the law establishes a priority order that may include parents, siblings and more distant relatives. Unmarried couples generally do not inherit under Oregon intestacy laws unless they are legally recognized domestic partners. Because the statutory distribution may differ from a person’s wishes, creating an estate plan provides much greater control over how property is transferred.
How are online accounts and digital assets treated under Oregon estate law?
Oregon has adopted the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which establishes rules for managing digital property after death or incapacity. The law allows executors, trustees and agents acting under a power of attorney to access certain digital assets when authorized by estate planning documents and applicable service agreements.
Digital assets may include email accounts, cloud storage, online financial accounts, cryptocurrency, photographs, social media profiles and other electronically stored information. Because privacy laws and provider policies often limit account access, estate planning documents should contain clear language granting fiduciaries authority to manage these assets.
Work With Tualatin’s Longest Practicing Law Firm
We create long-term relationships with all our clients to ensure that your Oregon estate is handled correctly. Our attorneys will help you understand which type of estate planning will be best for you and then work with you to make sure it is carried out according to your wishes. We offer a free 15-minute case evaluation by phone or videoconference.
If you are looking to begin your estate planning or revise an existing plan, call us in Tualatin at 503-868-5057 or contact us via email.