Even if you are not considering hiring a professional, thought still must be put into who should be the PR. For example, if a woman dies leaving behind a husband and two children, ages 19 and 21, which of the three would make the best PR? One of the children may get more sympathy from […]
Sometimes a judge may appoint a personal representative who is not a beneficiary. When this happens, the person appointed is usually a professional who does this sort of thing for a living, often a lawyer. Because it’s a job, the person gets paid. This is usually done when the only beneficiaries are all under 18, […]
The personal representative has to be approved by a judge. Usually, all of the beneficiaries will agree upon one of them to be the personal representative. There is a specific order that the law states (ORS 113.085) is the preferred way to choose a P.R. Here is the order: Executor named in a will Spouse […]
When a person dies, and leaves behind anything that is worth money, the law creates an “estate.” If John Doe dies, then it will be called “The Estate of John Doe.” For example, you may sometimes see “Estate Sales,” where the possessions of someone who has passed away are being sold. What has happened, legally, […]
You should be aware that insurance companies have been engaging in a well-financed advertising campaign for over 30 years to try to convince the general public that injury lawsuits and wrongful death lawsuits are simply about greedy people trying to “cash in” on a tragedy. They do this because it saves them millions of dollars. […]
Before discussing wrongful death laws, let us focus for a minute on the propriety of bringing a wrongful death lawsuit in the first place. There are some who think it’s wrong to accept money because someone died. We understand that accepting money due to the death of a loved one can seem wrong. But when […]
As mentioned in previous blog posts, a criminal case is separate and independent from a civil case. Some deaths result in only a criminal case (murder or manslaughter), but no civil case. Others may result in a civil case (known as wrongful death) but no criminal case. Still others may result in both. So yes, […]
Like most things in law, this is not always clear-cut. The law simply states that proceeds shall be distributed “in accordance with each beneficiary’s loss.” In many cases, the beneficiaries can all agree to a distribution. If this is not possible, a judge will determine how to split up the proceeds among the beneficiaries. We […]
