During these uncertain times, I am open for business and remain committed to providing outstanding service for my clients. My office is taking precautions to ensure the health and safety of our staff and clients, including offering video and telephone appointments. To learn more, or to schedule an appointment, please call my office at (503) 308-1438. Stay safe and well, and I hope to see you soon. 😷
Valerie Kirkendall Attorney For Probate & Estate Planning updated their phone number.
If you are feeling anxious about the future, I can help. It is always important to have your estate plan completed, but it especially comforting during this time of the Coronavirus (COVID-19) pandemic. In accordance with Executive Order 20-12, my office is temporarily closed to the public but I remain open for business and working remotely to serve my clients, their loved ones and their advisors. Let’s be sure that your estate planning documents are up to date. Call or email me to schedule a review or to get things started. In the meantime, be safe, stay healthy, and look out for each other as best you can.
In case you haven't heard, police agencies around the country are warning you about a potential scam. When signing and dating legal documents, do not use 20 as the year 2020. A scammer can easily add two digits to the end of the date and use it against you. For example, if you write 1/1/20, a scammer could easily change it to 1/1/2017 and now your document appears to have been signed 3 years ago.
If your kids have headed off to college, particularly if your child is 18 or older, you might be thinking about what legal documents your young adults should have. Parents of adult children do not have rights to grades and other academic information, or the right to make medical or financial decisions for their children. Here are a few documents that your child should consider:
• Power of Attorney: If your child is unable to manage their financial affairs, a durable power of attorney can save the time and expense of having a guardian and/or conservator appointed by a court, and allow the nominated parent (or other person) to take care of things like banking, paying bills, and filing taxes. Most states will recognize a valid out-of-state Power of Attorney.
• Advance Directive: An advance directive designates a person to handle medical decisions. Not all states will recognize an out-of-state Advance Directive, so if your child is attending school in another state, he or she may want to check in with an attorney in that state, or the school’s health clinic may have a form for students.
• Academic Records. The Family Educational Rights and Privacy Act (FERPA) explicitly prevents a student’s information from being released without his or her permission. Children can sign a FERPA release authorizing parents to view the student’s academic records.
What happens to your debts when you die? If you die with debt, your debts don’t disappear. Your estate is responsible for paying your debts so long as your estate has enough assets to pay them. (This is true even if your representative has to sell off your assets to raise funds to pay your debts.)
If you die owing more than your estate is worth, then there is a legal hierarchy that determines which of your creditors get paid. (Highest priority typically goes to funeral expenses, administrative expenses, and federal taxes, and at the bottom of the barrel are unsecured creditors, like credit cards.) If there isn’t enough money to cover each priority, a creditor may be out of luck.
Even in situations where there is not enough money available in your estate to pay the debt, your creditors typically won’t go after your surviving family members so long as the debt is only in your name. (However, a co-signer, including your surviving spouse, will be responsible for any joint debt.)
In the case of secured debts such as home mortgage or auto loans, family members inheriting your residence or other encumbered asset take it subject to the debt. If your heirs or co-signer are willing to take over your payments, the lender won’t need to take any action. However, the lender can take legal action against the recipient if the loan payments aren’t made.
While your estate is responsible for paying your debts, there is one exception: your federal student loans will be discharged if you die, so long as you didn’t have a co-signer. (Some private lenders may also offer a death discharge if you don’t have a co-signer. )
It is essential to know what your options are and plan accordingly. It can give you and your family peace of mind to discuss your particular situation with an experienced estate attorney.
Are you registered to vote?
You can register:
1. Online through the Oregon Secretary of State’s My Vote
https://secure.sos.state.or.us/orestar/vr/register.do?lang=eng&source=SOS
You must have an Oregon driver’s license, permit or ID to register online.
OR
2. By filling out an Oregon Voter Registration card, then mailing or dropping it off at your County Elections Office.
https://sos.oregon.gov/elections/Documents/SEL500.pdf
You are not required to have an Oregon ID card if you register using an Oregon Voter Registration card.
What causes and charities are important to you?
There are many ways to continue giving after you pass away, such as listing a charity as a beneficiary of a life insurance policy or retirement account. In addition, leaving a gift in your Will or Trust might be an option you want to consider. In Oregon, if your estate is worth more than $1 million it can be taxed, which might mean a smaller inheritance and more work for your loved ones. By leaving a percentage or a specific dollar amount of your estate to charity, you can avoid these taxes, give back, and insure that your funds are going where you want them to go.
As there are multiple ways to give back and everyone has different circumstances, it can be useful to explore your options. If you want more information, give me a call to see what might be right for you.
Curious about what the Oregon Judicial System looks like during Covid-19? The Oregon courts are still open, although measures are being taken to ensure less people are in the building. Depending on the County and the case, many hearings are being done remotely through telephone and video calls. While many matters requiring juries have been rescheduled, you could still be summoned and need to appear for an In-Person hearing.
A do-it-yourself will is a tempting option for many people who just want a “simple” Will. Although every Will kit claims that you can create your Will in minutes, you should know that the language in many Will kits may not comply with Oregon requirements. A Will must be executed with certain formalities in order to be considered valid under the Oregon Probate Code. The instructions in the kits are not always clear, resulting in the use of the wrong form or incorrect completion of the document. If your Will turns out to be defective, your estate and your beneficiaries will end up paying attorneys to litigate the correct meaning and validity of your will. This amount will easily surpass any amount you would have paid to have a Will correctly drafted in the first place.
Probate in Oregon is not difficult if you have an up-to-date, valid Will. By having a skilled attorney draft your Will today, you may save your family great expense and hours of worry at a time when they can least afford it.
Happy Howl-oween!
What are you (or your furry friends) dressing up as this year? Callie thought she'd be scary black cat.
If you are a Veteran or the surviving spouse of a Veteran, you may qualify to receive a pension if you meet certain service and asset requirements. The VA has programs such as Aid and Attendance benefits and Housebound benefits that can assist with the cost of in-home care and assistance such as respite care.
For more information, visit:
https://www.va.gov/pension/
VA.GOV
VA pension benefits | Veterans Affairs
To all our Veterans
Today starts Willamette Weeks' Give!Guide where you can not only give back to local nonprofits in the community, but also can win some cool prizes in the process!
WWEEK.COM
This terrible, horrible, no good, very bad year desperately needs to end on an up note. We at Willamette Week’s Give!Guide are here to help.
Times may have changed... and so have we. Is your Will or Trust up to date? #tbt
Need a little extra spending money this holiday season? You might have unclaimed property to claim. Oregon has a database where you can search to see if you have any unclaimed checks, refunds, dividends, etc. that you might not know about.
Search your name at: https://unclaimed.oregon.gov/
UNCLAIMED.OREGON.GOV
Oregon Unclaimed Property - Official State Website
Happy Thanksgiving!
Any thoughts?
ABAJOURNAL.COM
Can being forced to listen to 'Baby Shark' be considered cruel and unusual punishment?
I am frequently asked whether Oregon recognizes “common law” marriage. Common-law marriage is a marriage that is legally recognized without the parties having acquired a marriage license or performed a marriage ceremony. Typically the couple lives together for a period of time and holds themselves out to friends, family and the community as "being married," but they have never gone through a formal ceremony or gotten a marriage license.
In most states, including Oregon, the short answer is no. Currently, the only States that recognize common law marriage are Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah. However, if you move to Oregon from a state that recognizes common law marriage, and you met the criteria in that state, Oregon will recognize the marriage.
Here’s another surprise: common law marriage doesn’t automatically end when the parties split up. Once established, a common law marriage is just as valid and binding as a formal wedding and marriage would be. It lasts until a court grants a divorce or one partner dies.
Hope you have a safe and cozy Christmas!
Not the "resolutions" I was looking for 😅
I need some brainstorming help. What are your New Year's resolutions?
An accident or illness may leave you unable to tell your doctors what kind of medical treatment you want, or make it impossible to manage your financial affairs. It is important to understand medical and financial powers of attorney and why you need to prepare both.
Oregon has a document called the Advance Directive, which includes your Health Care Power of Attorney and your "Living Will". By filling out this document, you authorize the named representative to communicate regarding your health care when you are unable to communicate. The “Living Will” part of the Oregon Advance Directive is the document that lets you state your wishes for end-of-life medical care.
Usually when the term "Power of Attorney" is used, it refers to a document that gives someone authority to act for another person in FINANCIAL matters. However, sometimes you may be asked about your Medical or Health Care Power Of Attorney. If your health care provider asks about your Durable Power Of Attorney, they are concerned about who will be responsible for your medical bills. If they are asking for your Health Care Power of Attorney, they need your Oregon Advance Directive.
Happy New Year! 🥳
Snow day at the office
What is probate?
Probate is the legal process the court uses to distribute the assets of a person who has died. This process gives the Personal Representative the legal authority to pay any creditors, taxes or other expenses, and to distribute the remainder of the estate to the beneficiaries and heirs. To serve as personal representative, an individual must be named under the Will and be appointed by the Court in the county where the deceased person lived. If a person dies intestate (without a will), the Court will choose who to appoint as personal representative.
Valerie Kirkendall Attorney For Probate & Estate Planning updated their info in the about section.
What's the difference between a Will and a Trust?
A will allows you to decide how your estate will be distributed or managed after you die. It also can let you name a specific guardian to care for your minor children. It often prevents disputes among heirs and relatives by requiring that your estate goes through the probate legal process. In a large estate, a will can also reduce the amount of taxes that may be due at your death.
A trust is another tool used in estate planning. A revocable living trust goes into effect when you sign it. Because you transfer your assets to your trust during your lifetime, your estate will ultimately avoid probate. So long as you are able, you are in charge of your trust. If you become incapacitated or when you pass away, the person you appoint as the successor trustee is able to step to manage your affairs. Although Trusts are generally more complicated and expensive to set up, in the long-term a Trust will save time and money for your heirs.
If you are curious about which might be best for you, give us a call!
With this cold weather, don't forget to check in on your senior loved ones and neighbors!
https://www.whereyoulivematters.org/cold-weather-safety-for-older-adults/
WHEREYOULIVEMATTERS.ORG
Cold Weather Safety for Seniors | Where You Live Matters
Happy Valentines Day!
Are you considering leaving an inheritance to someone who receives public benefits? A special needs or supplemental trust is designed to provide funds for someone with a disability, while preserving the person’s eligibility for important government benefits.
If your loved one is disabled or receiving public benefits, you may be tempted to leave them something in your Will or Trust to help make their lives easier. However, many benefits are available only to people who have very limited income and resources. If you leave assets to a person with a disability, that inheritance can make it impossible for the person to qualify for those benefits or they may lose existing benefits completely. To prevent this, one option is a Special Needs Trust.
A Special Needs Trust can be written as part of your estate plan in either a Will or a Trust and can help protect the benefits of your loved one while also allowing you to provide them with “special needs” to improve their quality of life. You choose a trustee who will manage the inheritance on behalf of your loved one. Trust funds cannot be used to pay for basic needs such as housing-related costs, clothing or food, but they can be used to supplement the government benefits by paying for expenses such as vacations, computers, education, phone bills, or even medical treatments or upgrades not covered by their government benefits. Special Needs Trusts must take into consideration the specific program requirements and require careful drafting.
Letitia Carson, a former slave who became an Oregon homesteader
In honor of Black History month, here's an interesting bit of Oregon history
If you are looking for more information about who we are and the types of law we practice, check out our website:
https://www.kirkendall-law.com/
KIRKENDALL-LAW.COM
HOME
A question I frequently ask new clients is, "have you named a beneficiary on your financial accounts?"
Managing your beneficiary designations is critical to your estate plan. Beneficiary designations take precedence over any other instructions you provide. This includes assets with a beneficiary or a “payable on death” designation, such as annuities, life insurance, IRAs and retirement plans. These will pass directly to the named beneficiary(s) even if you include different instructions in your Will.
Are Handwritten Wills valid in Oregon?
As with many things, it depends. Handwritten wills, also referred to as holographic wills, can be valid in Oregon. Oregon’s legal requirements are that wills must be in writing and signed by person making the will, and signed by two witnesses. This allows for both handwritten and typed documents. By allowing handwritten wills, it creates equal opportunity for people to have their after death requests put down in writing.
That being said, do-it-yourself wills are risky. Even though they can be allowed, handwritten wills may not convey your actual wishes and may also leave holes in your estate that require intestate probate. It may not include specific legalese or legal strategies designed to help your heirs.
Can you hand write a will? Yes. Should you? Probably not.