Portland Area Law Blog

The person designated to be the executor of your loved one's estate is a person he or she trusted to handle his or her final affairs. Unfortunately, not all executors are fit to fulfill their roles. Those who find themselves at odds with their loved one's executor may be able to do something about it during the estate administration process. It may require court intervention to resolve, but legal counsel who understands Oregon probate law can assist with that.

Executors have a lot on their plate. An individual in this position is charged with locating estate planning documents, opening a probate case, paying taxes and debts, and divvying assets according to the decedent's wishes -- among other things. All of this can take time. Unfortunately, some executors may make mistakes along the way, which can cost beneficiaries dearly in the long run.

While many people feel honored to manage the financial affairs of a beloved friend or relative, some are unaware of what’s involved in being named the executor of an estate, known as a personal representative here in Oregon. The duty requires you to have a lot of patience, free time and solid organizational skills.

Personal representatives must be prepared to spend a lot of time overseeing the final wishes for another person’s estate. They may also need some investigative skills if assets are hidden or forgotten, and they should be prepared for potential conflicts between or with beneficiaries.

Anyone who owns and operates a business in Oregon or elsewhere knows that problems often arise that require legal assistance to resolve. Like it or not, this is just part of it. Here are some of the most common issues company owners face that can lead to business litigation. 

Problem number one: Unhappy customers. It is impossible to keep all clients happy all of the time. If there is a problem with a product or service, one has every right to seek a resolution. Many times, such issues can be resolved in private; however, there are times when lawsuits are filed, and litigation cannot be avoided. Depending on how one handles this type of situation, it can do a lot of damage to one's reputation.

If you have a loved one who passed away recently, and you or someone else has an issue with the contents of his or her will -- or lack thereof -- you may find yourself in an Oregon probate court, fighting things out. Rather than estate litigation, though, you could consider mediation as an alternative to going to court. Why might you want to take a chance on mediation?

Mediation works -- in most cases. In order for it to be effective, all involved parties have to be willing to talk and negotiate. It does not matter how complex the issues at hand may be. It can work if all parties are eager to put in the effort to make it work.