Frequently asked questions
No. In fact, a will must go through the probate process to be validated by the court before any assets governed by the will can be legally transferred to your beneficiaries.
If you die without a will, this is called dying intestate. In that case, state law (in Oregon or whichever state you live in) will determine how your assets are distributed.
Without a Power of Attorney or Advance Directive in place, it is likely that someone will have to go to court to be appointed as your conservator and guardian to manage your financial and medical affairs.
It depends on many factors. Whether you will have to pay estate taxes depends on the total value of your estate and where you live. An individual who lived and died in Oregon, as of 2025, may be exempt from the federal estate tax if their total estate was less than $13.61 million dollars and may be exempt from the Oregon state tax if their total estate was less than $1 million dollars.
You should review and potentially update your estate plan every 3 to 5 years, or sooner if you experience significant life or legal change such as marriage, divorce, birth or adoption of a child or grandchild, death or incapacity of a loved one, a child reaching adulthood, or moving to a different state.
Yes, there are estate taxes in addition to the federal estate tax. The state estate tax applies to estates valued over $1 million as of 2025.
A power of attorney allows you to designate someone to manage your financial and legal affairs if you become incapacitated. This can prevent the need for a court-appointed conservatorship.
Creating a living trust involves drafting a trust document, transferring assets into the trust, and naming a trustee to manage the trust. It's advisable to consult with an estate planning attorney to ensure the trust is set up correctly.
You can include digital assets in your estate plan. Specify how you want your digital assets, such as social media accounts and online banking, to be managed or distributed.
If you die without a plan, your pets' care will be determined by state law and the court. You can include provisions for your pets in your estate plan to ensure they are cared for according to your wishes.
An advance directive allows you to outline your medical care preferences in case you become unable to communicate them. It also lets you appoint a healthcare representative to make decisions on your behalf.
When choosing an executor, consider their trustworthiness, organizational skills, and willingness to serve. It's also important to choose someone who understands probate laws.
To avoid probate, you can create a living trust, designate beneficiaries on accounts, and hold property jointly with rights of survivorship. Consulting with an estate planning attorney can help you explore all options.
You can protect your estate from creditors by setting up certain types of trusts, such as an irrevocable trust. Consulting with an estate planning attorney can help you explore your options.
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