A: A personal representative (or executor) is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the probate court.
If your mother owned the real estate in her individual name, the real estate is subject to probate. Probate is not always necessary. If the real property was owned with another person, the surviving co-owner often will then own that property automatically and probate, the legal process whereby a court oversees the distribution of assets left by a deceased person, is not necessary.
If the will does not mention the real estate and your mother owned it in her sole name at the time of her death, then the real estate is subject to probate and it will be distributed according to the residual clause of the will, if there is one. If there is no residual clause or no named beneficiary for the real estate, then it will be divided equally among your mother's surviving children, after expenses of probate and creditors are paid.
You should consult with an attorney for more specific information.
A: If the power of attorney does not contain an ending date, the law assumes it is “durable.” That means the authority does not end, even if the person giving the power of attorney is incapacitated. A durable power of attorney is useful when the person who authorized it later becomes unable to handle his or her own business affairs; the agent simply takes over the decision-making.
By giving an agent power of attorney, a person is not giving up the power to continue conducting the transactions while he or she isable to do so. You can end the agent’s authority by revoking the authority in writing. All powers of attorney end upon your death.
A: I am sorry to hear of the abuse your children have suffered. You did not ask a question but I hope this helps:
Your 18 year old daughter is an adult and is entitled to make her own decisions regarding where she will live and whether she should obtain a restraining order. She is eligible to obtain a Family Abuse Prevention Act (FAPA) Restraining Order if she was abused. "Abuse" typically means actual physical injury or threat of physical injury within the past 180 days. There are other actions that constitute abuse under Oregon law.
If the young children witnessed abuse of another person, then they too are considered victims of abuse. The younger children may not be eligible for a FAPA restraining order, but upon your written request, the court in your divorce case may issue an emergency custody order if there is a risk of imminent harm to the children.
Oregon law provides that it is child neglect to leave a child under the age of 10 years unattended.
You should consult with an attorney in your area to assist you in deciding how best to proceed.