Jump to Navigation

Portland Estate Planning Law Blog

Have you neglected your estate plan?

A new survey reveals that more than half of Canadians do not have a signed will, and more than 70 percent do not have a power of attorney. Statistics aren't much better here in Portland. A majority of young people have not yet formulated or even thought about an estate plan. While baby-boomers are considerably more diligent, a significant portion of this generation has also neglected drafting a will.

This estate planning neglect can have dire consequences. Whether it is providing for a spouse or children, or even a pet, the law does not always match your intentions sans a written will. If you don't have a will, your wealth and assets will be distributed according to a rigid statute book. Too often, this lack of a will results in unfair and unintended consequences. Drafting a will is the only way to avoid these unfortunate results.

Estate planning for pets and digital assets in Oregon

A new report from the BMO Retirement Institute, entitled "Estate planning in the 21st century: New considerations in a changing society," explores elements that changing times have thrust into everyone's legacy woes. Fortunately, the report simply highlights things that many residents of Portland are already worrying about and ways to convert the stress into peace of mind.

The new topics that were not necessarily part of your grandma's estate plan include the escalating importance of pets in our lives and the spike in assets held in a digital capacity. Traditional estate plans are often thought of in more conventional terms--planning to transfer money or real estate. The report highlights how present day realities demand a less rigid perspective.

Portland reaps benefits of charitable trust

The M.J. Murdock Charitable Trust recently awarded more than $9.3 million in donations to 72 Northwest area organizations. Many Portland, Oregon, based organizations were beneficiaries of the trust's latest round of donations, including Reed College, Elevate Oregon, Trillium Family Services, Inc. and the Scandinavian Heritage Foundation.

Founded in 1975, Mr. Murdock's trust has been pumping fresh capital into well meaning organizations for almost four decades. Oregon's various non-profit organizations alone received more than $4 million in this latest round of giving. The wealthy trust creator's estate planning has allowed his legacy of charitable giving to survive long after his death.

Portland: have you made your advance directive yet?

Previously in our Portland Estate Planning Law Blog, we have discussed the importance and value of end of life planning. Too often, though, we wait until something goes wrong before we act. Too often, we fail to plan for the myriad of contingencies that life can present.

One reason for this could be the traditional doctor-patient relationship, in which a doctor prescribes a medication or a course of treatment when the patient is ill or injured, and then the patient follows the instructions. In other words, patients aren't used to having to make their own health care decisions, much less having to make them before an illness or an injury occurs.

Up-to-date estate plans can avoid future problems

It all starts with a plan. Many Portland residents understand the value of a comprehensive estate plan. After your ducks are in a row, though, keeping them there becomes the next challenge. Estate plans can deteriorate without a subsequent review of financial documents, assets, family situation, and tax code revisions. Even diligent planners that account for such fluidity, however, can have their plans implode during estate administration.

At its core, estate planning is meant to control one's property distribution after death according to the intent of the person who accumulated the wealth. While Oregon has its own system known as probate, anyone who wants a say in the distribution of their estate will want to have a comprehensive estate plan.

Portland inherits estate tax debate

Death and taxes: despite Franklin's claim, the specifics of both are riddled with uncertainty. For instance, what should be taxed remains an open question. The debate on the desired composition of estate taxation is once again in full swing. President Obama is actively advocating for higher taxes on the wealthy. His ideological counterparts, meanwhile, have set out to undermine taxes administered during the probate process.

Commonly referred to as "death taxes" by their opponents, roughly half of the states collect an estate or inheritance tax. Estate taxes are levied against an individual's net worth at death. An inheritance tax, on the other hand, is charged to the recipient of a bequest. These revenue devices are said to mainly target wealthier individuals that have acquired substantial assets during their lives.

First steps in estate planning for Portland residents

With the renewal of spring in Portland upon us, now is a great time to note how proper estate planning is an important step for preparing for the future. It is just as important to have an estate plan as it to create a college fund or retirement plan, yet many people do not make time for it. By making arrangements for late-life decision making and the distribution of assets after death, Portland residents can ensure their wishes regarding their estates are properly noted and executed when the time comes.

An estate plan includes more than just writing a will--it can include powers of attorney and health directives. In regards to future medical care, a document that allows a person to choose someone to take over their financial affairs and make decisions in case of a medical emergency is a power of attorney. A power of attorney can be of two types--a durable one that goes into effect immediately with no circumstances to restrict its effectiveness or a springing one that only comes into effect when an instance specified by the individual occurs and can be proven.

Are Facebook, email accounts part of your Oregon estate?

Many Portland residents may be familiar with the popular online social networking community known as Facebook. In light of a recent lawsuit pertaining to account access rights, lawyers in Oregon have joined the ranks of lawmakers in a few states in contemplating whether a Facebook account can be considered a digital estate and thus included in the account owner's will during the estate planning process.

Facebook account holders are able to store photos, messages from friends and family and other digital memories, and many users embrace the opportunity to create a perceivably valuable record of their life experiences. One woman considered the details of her deceased son's Facebook profile so valuable that she filed a lawsuit when Facebook restricted her access to his account.

Online estate planning lacks individualized experience

Many residents of Portland may well understand the need for proper estate planning to avoid probate. However, for some the day has not yet come to get affairs in order and begin the process of developing a comprehensive estate plan.

In today's technological world, many services--including certain estate planning items--can be accessed with a simple click of a button. Legal document websites advertising do-it-yourself forms are gaining popularity, even when it comes to estate planning. However, as one local columnist discovered, there can be some issues with these limited services that can leave the user feeling a bit unfulfilled.

Timberland owners take measures to ease probate process

Portland residents may be aware that the Northwest harbors many privately owned forestlands. These forests are unique estates and careful planning is necessary to avoid an undesired probate.

In Washington state, timberland estate administration is currently a prominent topic and families are learning how to approach planning the future of their estate. Some families are pursuing guidance through the "Ties to the Land" program. This program was first offered through Oregon State University and is now available throughout the Northwest.

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close
Subscribe to RSS Feed Visit Our Estate Planning Website
FindLaw Network

Contact Information:

Law Offices of Dean C. Werst
1785 Willamette Fls. Drive, Suite 6
West Linn, OR 97068

Phone: 503-342-2389
Toll Free: 866-603-1729
Fax: 503-722-4549
Map and Directions