Kent Hickam, P.C.

There are several documents that can be useful for estate planning depending on your specific circumstances. What you use depends on how you would like to organize your estate. At minimum, you should have a will and have that review looked over by an experienced estate planning attorney. You should also arrange documents that assign power of attorney and that establish a living will in case you become incapacitated. Some people also benefit from establishing a trust.

When someone dies without a will, it is known as dying “intestate.” This means the government becomes the owner of the estate and decides how it will be distributed. This is based on a pre-determined formula that prioritizes relations. The state assumes complete power. This is why it is so important to create a will. This way you will be able to dictate how you would like your assets to be distributed after you die. It also makes the process of settling your estate less complicated.

The administration of an estate varies based on the documents used to govern the estate. For example, settling an estate with a will is different from settling one whose assets are in an irrevocable trust. When probate is needed, as it is when nothing more than a will is used, and if the estate is of a certain value, beneficiaries must “prove” the will in court. After that, administration of the estate can begin and assets in the estate can be distributed based on the wishes of the deceased.

Oregon, like a few other states, has no statutes of limitation for probating a will. As long as family members continue to pay property taxes and make no effort to transfer deeds of real estate, the government might not even realize that a death has occurred, or that there was no legal transfer through the probate process. However, it is important to check with an attorney to make sure an estate is handled the proper way.

Probate is the process by which a deceased’s person estate is settled. It is overseen by the court. What happens during probate is essentially the proving of a person’s will in court. The goal is to ensure the will was a valid document. Following the probate process, the wishes of the deceased are honored and the estate can be settled. This typically includes distributing the assets to family members and others named as beneficiaries.

Nearly any type of property can be disposed of in a will. This includes personal property such as, art, furniture, jewelry, collectibles, cash, antiques, etc. It can also include money in checking accounts, savings accounts, and money market accounts, as well as intangible personal property like stocks, bonds. Businesses too can be included in a will, as well as intellectual property, royalties, patents, and copyrights. Since a will can be so varied, it’s important to work closely with an attorney.

Your will needs to be updated any time there is a significant change in your life. Examples include remarriage, becoming a parent, moving or losing a spouse. You and your attorney can review your will and determine what updates are needed. You should also update your will any time your financial situation changes or you accrue additional assets. It is a good idea to have an attorney to review your will periodically – about once a decade – even if no changes have occurred.

Durable power of attorney is the assignment of a person to act on your behalf if you become mentally incompetent. Mental incompetence means you lack the ability to make informed decisions or that you are unable to communicate your decisions. Durable power of attorney can also go into effect due to disease or injury. There can be general, limited, or medical powers of attorney, all of which give someone the authority to act on your behalf based on certain circumstances.

There are several instances in which law enforcement officials need to have a warrant before they can make an arrest. These include when a person is being arrested inside his or her home and when the arrest is for a misdemeanor crime. Though most people assume an arrest warrant is always needed, there are many instances in which it is not. For example, during a pursuit, if they believe someone is in danger, or if they believe evidence could be destroyed, an arrest can be made without a warrant.

Pretrial conferences are an opportunity for your attorney and the prosecutor to discuss the details of your case. In most cases, they only include the lawyers involved in the case, so you will not need to participate or be in attendance. However, the hearing date is something you will need to attend. It follows the pre-trial conference and requires all parties to appear before the judge and offer information about the status of the case.

The arraignment is the formal reading of the document that lists the criminal charges against you. You have a right to be present when it is read. The purpose of the arraignment is to inform you of the charges you face. Following the arraignment, you must enter a plea of guilty or not guilty, based on what you and your attorney discussed beforehand. After the plea is entered, the judge sets the follow-up court date and motions and discovery demands are discussed.

The rights you have after an arrest are guaranteed by the US Constitution’s Bill of Rights. These right include: the right to remain silent, the right to be told that anything you say can be used against you later, the right to contact and have an attorney present prior to say anything to law enforcement, the right to fair and humane treatment, the right to know the charges that are being levied against you, and the right to be treated as innocent until there is a conviction against you.

No, nor should they. Anything that you say can be used against you, even if you are innocent. Something you say might seem innocuous, but law enforcement and prosecutors have a way of twisting your words to support their case. You can give the arresting officer your identifying information, but should say nothing else until you have spoken to an attorney, which is something you have the right to request. Be polite, provide your name and contact information, and state that you refuse to say anything further until a lawyer is present.