Estate Planning in Albany, Oregon

Putting together an effective estate plan requires common sense and experience. Sometimes a simple will is adequate together with a durable power of attorney and an advance medical directive. A trust is often beneficial in other situations. We have done this for our clients for over 40 years.

Occasionally, disputes among heirs or beneficiaries will arise and in some instances litigation occurs. We have experience helping our clients navigate through these stressful cases with patience and understanding.

By the time will or trust litigation arises, the person who created the instrument is often deceased. The difficulty in these cases is that many issues must be proved by circumstantial evidence, requiring a thorough understanding of the rules of evidence, and how to gather and present evidence in a persuasive manner to the judge or jury.

Planning an estate, and settling one, in Oregon

A good plan is usually simpler than people fear. Sometimes a will with a durable power of attorney and an advance directive is enough; sometimes a trust is the better tool.

1. A will, and perhaps a trust

   A will says who receives your property and who carries out your wishes. A trust can avoid probate and manage property over time. Which fits depends on your property and your family.

2. Powers of attorney and an advance directive

   A durable power of attorney lets someone you trust handle your finances if you cannot. Oregon’s Advance Directive for Health Care appoints a health care representative and records your wishes; it is signed before two adult witnesses or a notary.

   ORS 127.515, 127.529

3. When someone dies: probate or a small estate affidavit

   Smaller estates may avoid full probate with a small estate affidavit, available when personal property is $75,000 or less and real property $200,000 or less, and filed no sooner than 30 days after death. Larger estates go through probate in circuit court.

   ORS 114.510, 114.515

4. If there is a dispute

   Will and trust contests are usually proved with circumstantial evidence, because the person who signed the document has died. That takes a thorough understanding of the rules of evidence and how to present it to a judge or jury.

General information about Oregon law (Oregon Revised Statutes, 2025 edition), not legal advice for your situation. Laws and amounts change; call to talk about your case.