Martin, Elliott & Snell P.C.Martin, Elliott & Snell P.C.2026-04-21T23:55:37Zhttps://www.mes-law.com/feed/atom/WordPress/wp-content/uploads/sites/1404950/2020/03/cropped-MES_SITEICON_512x512_MAR20-32x32.jpgOn Behalf of Martin, Elliott & Snell P.C.<![CDATA[3 mistakes to avoid during an Oregon child custody case]]>https://www.mes-law.com/?p=2535002026-02-03T08:24:04Z2026-02-03T08:05:49ZAn Oregon child custody case can feel difficult, especially when emotions run high and the future feels uncertain. Every family situation differs, but some mistakes tend to cause added stress or create challenges along the way. Knowing what to watch for may help parents move through the process with more focus and balance.
1. Focusing on conflict instead of the child’s needs
One common mistake involves spending too much time on conflict between parents instead of the child’s day to day needs. Oregon courts generally look at what serves the child’s best interests when making an initial custody decision under Oregon law. Actions tied to anger or ongoing disputes may raise concerns about cooperation and stability.Courts often respond more positively when parents show an effort to communicate calmly and support the child’s relationship with both parents. Keeping conversations practical and child focused may help keep attention where it belongs.
2. Sharing too much on social media
Another issue can arise when details about a custody case appear online. Social media posts sometimes resurface later and may lead to confusion or misunderstanding. Even a short comment can seem different when read without background.Parents may want to stay cautious about online activity during a custody case, including:
Posting about parenting schedules or disagreements
Sharing photos or comments that could send the wrong message
Responding publicly to private family matters
A careful approach to social media may help avoid added issues during the case.
3. Underestimating the value of legal guidance
Some parents believe custody cases move quickly or that simple agreements solve most issues. In reality, Oregon custody cases often involve many details and timelines. For example, a temporary order may keep a child’s current schedule in place early on. Without understanding how these steps work, important points may receive less attention than expected.An Oregon child custody attorney can help explain how state law may apply to a specific situation and point out issues that could affect future child custody arrangements. Personal legal guidance often provides more clarity than general legal information.
Approaching the process with care
Family law and child custody cases often affect family life long after the case ends. Parents may find the process easier to manage when they avoid common mistakes and take each step with care. Thoughtful planning, steady communication and informed support may help lead to more workable outcomes for everyone involved.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[What if your loved one left more than one will behind?]]>https://www.mes-law.com/?p=2526612025-07-10T19:04:03Z2025-07-10T19:04:03ZDiscovering that a loved one left behind more than one will can understandably lead to confusion. Depending on the contents of each draft, when they were executed and whether any were formalized, you and your loved ones may be concerned about which should be enforced.
Determining which will is valid involves examining whether each document meets Oregon’s legal requirements. The will must be signed by the testator (the person who made the will) and witnessed by at least two competent individuals. Holographic (handwritten but unwitnessed) wills are not valid in Oregon, though handwritten wills that meet formal execution requirements are acceptable.
What happens if more than one will is potentially valid?
When more than one will is found, the general legal principle is that the most recent valid will controls. A newer will often includes language revoking all prior wills. For example, it might say, “I hereby revoke all previous wills and codicils.” If such language exists and the will was properly executed under Oregon law, it will typically override older documents.However, complications arise when multiple wills conflict or when a newer document does not explicitly revoke earlier wills. In some cases, a court may interpret documents together if the newer will supplements rather than replaces the older one. This is common when a second document is intended as a codicil, modifying only specific provisions of the original will.Another important consideration is whether the testator had the capacity to execute the newer will. If family members believe the testator lacked mental capacity at the time of signing, or that undue influence was involved—such as pressure from a caregiver or relative to change terms—the validity of the suspect will can be challenged through a will contest. If you have found multiple wills among your loved one’s papers, it is important not to destroy or ignore any of them, even if you believe one is clearly the “real” will. All documents should be preserved and reviewed by an experienced legal team that can analyze their legal validity and guide you through the probate process.In Oregon, as in other states, the existence of multiple wills often raises questions about which document is valid and what your loved one truly intended for their estate. Yet, multiple wills do not need to create chaos. With legal guidance, families can clarify which document controls, honor their loved one’s intent, and distribute assets in a way that upholds Oregon law while minimizing conflict among beneficiaries. Understanding how Oregon courts handle this situation can help you navigate potential disputes and protect your family’s interests accordingly.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[Did undue influence undermine a loved one’s legacy?]]>https://www.mes-law.com/?p=2526592025-04-16T18:24:06Z2025-04-16T18:24:06ZThe situation must meet certain standards
To raise a claim of undue influence in probate court, family members must have evidence supporting their allegations. Typically, they need to establish at least three critical facts to convince the probate courts to set aside a will.
The first consideration is whether or not the testator was vulnerable. Physical dependence on others due to medical challenges can make people vulnerable. So can isolation and loneliness when they may have limited opportunities to socialize with family members.
The second issue the family members need to show is that one person received an unusual or unexpected inheritance. Changes that drastically increased one beneficiary’s inheritance could help meet this requirement.
Finally, the parties contesting the estate plan need to show that the person who received an unexpectedly large inheritance was in a position to influence the testator. Perhaps they acted as a caregiver or had more social encounters with them in their last years of life than anyone else.
Provided that the testator was vulnerable, an individual was in a position of authority and they received more of an inheritance than others anticipated, the claims of undue influence could hold up under court scrutiny. If the will contest is successful, the courts may refer to an older version of the estate plan in some cases. Other times, they might apply intestate succession laws. They may treat the estate as though the decedent died without a will.
Individuals feeling shocked about the contents of a will may need to prepare to take legal action. Initiating probate litigation can help people uphold the legacy that a loved one truly wished to leave upon their passing.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[Taking action to block the sale of estate resources at a loss]]>https://www.mes-law.com/?p=2526562025-01-19T00:54:58Z2025-01-19T00:54:58ZRepresentatives shouldn't seek personal profit
A personal representative administering an estate has a fiduciary duty to its beneficiaries. They have a legal obligation to put the best interests of those receiving property from the estate ahead of their own wishes.
Not everyone can set aside their personal avarice during estate administration. If an estate representative wants to enrich themselves, acquiring real property, vehicles and other valuable assets at a fraction of their fair market value is a good tactic. So is a plan allowing for another party to purchase those assets on their behalf. They might receive a kickback or may be able to buy them back from the purchaser after the end of estate administration.
When beneficiaries of an estate uncover plans to sell resources for far less than their fair market value, they can ask the courts to intervene. The probate courts can potentially halt a pending transfer of estate resources that could diminish the overall value of the estate and reduce what people inherit.
The courts can also remove a personal representative who abuses their position for personal enrichment instead of acting in the best interests of beneficiaries. In cases where questionable transactions have already occurred, beneficiaries may be able to remove a personal representative and ask the courts to hold them accountable for the value of the estate resources sold for an inappropriately low amount.
Initiating probate litigation can potentially help the beneficiaries of an estate protect themselves, their inheritance and the intentions of the decedent. If a personal representative tries to use their role for personal enrichment, beneficiaries may need to take action before it is too late.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[What if a trustee abuses their authority?]]>https://www.mes-law.com/?p=2526532024-10-11T14:24:39Z2024-10-11T14:24:39ZCertain behaviors violate fiduciary duty
A trustee is in a role defined by responsibility and personal authority. They have control over trust assets and have the authority to make decisions about those assets. They have a fiduciary duty to trust beneficiaries. That means they should put the best interests of the beneficiaries of the trust above all other considerations, including their own preferences.
Unfortunately, it can be very difficult for those with access to valuable resources to set aside their personal desires. In some cases, people may breach their fiduciary duty by embezzling from the trust. They may retain assets for themselves or sell them to themselves for less than the fair market value.
They might hire a company they run or one owned by their spouse at an above-market rate to serve the trust. Any actions that enrich the trustee at the expense of the trust or its beneficiaries is a breach of fiduciary duty.
It is also inappropriate for a trustee to allow their personal feelings about individual beneficiaries to influence how they distribute trust resources. For example, they might refuse to distribute high-value property to a beneficiary with whom they have had a difficult relationship.
They might give preferential treatment to those with whom they have a more positive rapport. Displaying favoritism and refusing to follow the instructions included in trust documents are also violations of a trustee's fiduciary duty.
Beneficiaries can replace misbehaving trustees
The good news for those frustrated by the inappropriate or unprofessional conduct of a trustee is that they do not have to accept that misconduct without any options for recourse. So long as they have evidence showing that the trustee refuses to follow trust instructions or uses their position for personal gain, beneficiaries may be able to ask the probate courts to remove a trustee and replace them with someone better able to fulfill the duties inherent in that role.
The misconduct of a trustee can diminish the value of trust resources and deprive people of the support that a trustor hoped to provide for them. Initiating trust litigation can potentially help people uphold the legacy wishes of a trustor and preserve the value of the assets that they used to fund a trust.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[Using a letter of instruction in estate settlements]]>https://www.mes-law.com/?p=2526512024-07-11T00:52:43Z2024-07-11T00:52:43ZDefine the scope and purpose
When writing a letter of instruction, begin by clearly stating its purpose. Explain that this document is meant to supplement your will and other legal estate planning documents. You can also emphasize that while it's not legally binding, it contains important information and personal wishes that you hope will be honored. This preamble sets the tone for the document and helps recipients understand its significance in the context of your overall estate plan.
Detail asset information and location
A crucial component of your letter should be a comprehensive inventory of your assets. This includes financial accounts, real estate holdings, valuable personal property and digital assets. Provide detailed information on where to find important documents such as deeds, insurance policies and tax returns. Again, don't forget to include account numbers, passwords and contact information for financial advisors, legal teams and other relevant professionals. This level of detail can significantly streamline the estate settlement process and help ensure that no assets are overlooked.
Explain your distribution decisions
You can use this opportunity to provide context for your asset distribution decisions. Explain your reasoning if you've made choices that might seem unequal or unexpected. For instance, you might clarify why you've left a family heirloom to one child over another or why you've allocated funds differently among beneficiaries. This transparency can be invaluable in maintaining family harmony and preventing potential disputes.
A thoughtfully composed letter of instruction is more than just a document—it's a final act of care and consideration for your loved ones. By providing clear guidance, explaining your decisions and sharing personal insights, you can help ensure that your estate is properly settled according to your wishes while preserving family relationships.
When used in conjunction with formal legal estate planning tools, the document can be a powerful means of safeguarding your legacy and easing the burden on your beneficiaries during a challenging time.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[What should you know about contesting a will?]]>https://www.mes-law.com/?p=2526492024-04-23T12:17:44Z2024-04-23T12:17:44Zchallenge a will and under what circumstances are important so you know if this is an avenue worth exploring.
Only specific people can challenge a will
The only people who can contest a will are those who are considered to have an interest in it. This includes creditors who are trying to collect debts, people who are considered heirs if a person dies without a will and beneficiaries named in the current or past wills.
Will challenges must stem from specific circumstances
Even if you’re someone who can contest a will, you must have a valid reason to do so. These are very limited, and proving them can often be a challenge.
A new will is located: The date on each will is what determines which will is valid at the time of the creator’s death.
Mental capacity: This is known as a lack of testamentary capacity and is often associated with dementia or intoxication when the will is signed.
Undue influence: This means someone convinced the person to write the will in their favor.
Forgery: A will’s creator should sign the will, but forgery occurs when someone else signs that person’s name to a fake will.
Fraud: This is the act of creating a fake will.
Failure to include required elements: All wills have specific requirements, so wills are invalid if those aren’t present.
If you’re considering challenging a will, you should work with a legal representative who can help you explore the options you have to find a resolution. It’s critical to think logically about this matter. But it may also help to think about the familial impacts of challenging the will before you commit to any particular approach, given all that is at stake.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[Can parents disinherit certain children for the benefit of others?]]>https://www.mes-law.com/?p=2526472024-01-26T14:53:01Z2024-01-26T14:53:01ZChildren do not have a statutory right of inheritance
There are some jurisdictions that protect the right of children to inherit from a parent's estate. However, Oregon does not have any specific laws protecting the inheritance rights of children. Only spouses have protection from disinheritance.
Yet, despite a lack of direct statutory protections, disinherited adult children may still have certain options. For example, they may have reason to suspect fraud or undue influence and could challenge an estate plan that excludes them as beneficiaries.
If there is evidence of misconduct, the disinherited children may have grounds to take legal action. If they can show that late-in-life changes occurred at a time when only one child had regular access to the parent and may have intentionally interfered in the relationships that the other children had with their parent, that could convince the courts that the beneficiary sibling exerted undue influence on the parents.
A parent asserting that they had made very few or minor changes to their estate plan may have been the victim of fraud if one child altered or manipulated the documents that they signed. Those who suspect that a sibling may have tampered with estate planning paperwork or pressured their parent into changing their terms may have reason to pursue probate litigation.
Asking the probate courts to throw out a fraudulent will or documents influenced by an outside party could help children uphold the true legacy intended by their parents.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[What happens when multiple wills are discovered?]]>https://www.mes-law.com/?p=2526452023-10-23T15:32:31Z2023-10-23T15:32:31ZThe discovery of multiple wills
A last will and testament generally expresses wishes regarding the distribution of an individual’s assets and the appointment of an executor to carry out these wishes. When a person dies, their will serves as a crucial document guiding the estate administration process. This resource often outlines beneficiaries, bequests and instructions for the division of assets. But sometimes, multiple wills may come to light during the estate administration process. The deceased may have updated their will at different points in their life, leading to multiple versions of the document. The challenge here is determining which will is the most recent and, therefore, legally valid.
Another scenario involves the deceased inadvertently misplacing one or more copies of their will. These misplaced documents may come to light after their passing, leading to confusion during estate administration.
Finally, in some cases, multiple wills are discovered due to potential foul play. This could involve fraud, where a new will is created under questionable circumstances, or coercion, where the deceased was manipulated into making changes to their will.
Legal implications and challenges
Determining the validity and legitimacy of each will is the first step. A court of law can examine the circumstances surrounding the creation of each will and whether they comply with legal requirements. If one of the wills is found to be the most recent and valid, it typically revokes any prior wills. This revocation can affect beneficiaries named in the earlier wills, potentially leading to disputes. Moreover, beneficiaries named in different wills may contest the validity of the other wills.
In the event of multiple wills during estate administration, it is essential to engage an experienced legal professional to help you determine each will’s validity and navigate potential disputes. Unfortunately, there is generally no alternative when questions concerning a will’s validity come into play.]]>On Behalf of Martin, Elliott & Snell P.C.<![CDATA[What to know if you want to remove a trustee]]>https://www.mes-law.com/?p=2526422025-08-12T13:17:54Z2023-07-21T00:39:52ZWhen can a trustee be removed under Oregon law?
It's not uncommon for people to take legal action against a trustee – even a family member like a sibling or stepparent. If you’re considering this course of action, it’s crucial to know that Oregon law has requirements for when a beneficiary or co-trustee may ask a court to remove a trustee or when a court can take that action on its own. Amont the reasons this can be done are the following:
There’s been a “serious breach of trust” by the trustee.
A trustee is determined to be “unfit or unwilling, or has persistently failed to administer the trust effectively.”
There’s been a “substantial change of circumstances.”
Basically, a trustee can be removed by a court if it’s determined that doing so is in the beneficiary(ies)’ best interests.
Do you believe that either your co-trustee or the trustee of a trust for which you’re a beneficiary should be removed? By seeking experienced legal guidance, you can determine whether you have valid grounds and, if so, work to make a strong case.]]>