Salem Wills & Probate Lawyers
Helping Oregon Residents Craft a Vision for Their Estate
When a person passes away (decedent), the property and assets they accumulated during their life stay behind. Those who acquired enough wealth to have modest-to-substantial estates would benefit from a comprehensive estate plan that protects and manages their property during while they are alive and after they pass away. The cornerstone of a proper estate plan is your last will and testament (will).
At Pacific Cascade Family Law, our legal team has the experience and sophisticated understanding of Oregon law to help ensure your estate is covered by a valid will that clearly and concisely articulates your intent for administering your estate after you pass away. Additionally, our unique approach to legal representation allows us to form a relationship with our clients, giving us better insight into your needs.
To learn more about how Pacific Cascade Family Law can help you, call our Salem office at (888) 981-9511 today.
Formal Requirements for Wills
The probate court will show considerable deference to the provisions of a valid will when administering your estate. In contrast, if the court finds that a will is invalid, it will administer an estate in accordance with Oregon’s intestate succession laws. Under the rules of intestate succession, the law presumes that the decedent intended to give much of their estate to close family and relatives, in the absence of a valid will suggesting otherwise. When someone dies without a valid will (intestate) and without any close family or relatives, their estate becomes the property of the government.
For a will to be valid, the following criteria must be satisfied:
- Capacity: The testator must be over 18 and of sound mind and judgment to create a will.
- Signed writing: A valid will must be reduced to writing and signed by the testator.
- Witnesses: The execution of a will must be conducted before two witnesses. Alternatively, a will’s execution may be performed in the presence of a notary public.
- Testamentary intent: The testator must understand that they are signing a will with the intention that it be carried out in probate after they die.
Consult a Wills & Probate Lawyer in Salem from Pacific Cascade Family Law
At Pacific Cascade Family Law, we can appreciate how unsettling it feels to contemplate and plan around your own mortality. From our established family law practice, we have years of experience enduring emotionally challenging subjects such as this. You can count on us to provide you with honest guidance and feedback when it comes to preparing and executing your will. Moreover, we are here to make sure your vision of your family’s future and legacy can be realized.
Contact Pacific Cascade Family Law at (888) 981-9511 to set up a consultation with one of our Salem wills and probate lawyers about your questions and concerns.
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