Carl Jepsen - Attorney at Law Call 971-229-0585 for Estate Planning, Trust and Probata Administration
Carl Jepsen - Attorney at Law
Carl Jepsen - Attorney at Law - Practical Estate Planning for Peace of Mind
 
Carl Jepsen - Attorney at Law

Areas of Practice

Listed below is a brief explanation of each of the  areas of practice of Carl Jepsen.

1. Estate Planning
Effective and practical estate planning should start before a person is in crisis. This allows the client to give sufficient thought to their needs and goals and allows the client to adequately explain their needs and goals to their attorney. The attorney’s job is to provide the tools to accomplish those goals in the manner that the client desires by preparing various documents including, wills, codicils, trusts, durable powers of attorney, and advance directives together with sound advice on the distribution of estate assets.

2. Probate Administration
Probate is a legal process that requires court oversight for the distribution of the assets left by a deceased person’s will, or if there is no will, in accordance with the law of intestate succession, which provides specific rules of distribution based upon the degree of kinship of those heirs who survive the decedent. In a formal probate proceeding a personal representative, sometimes called an executor, is appointed by the court to administer the estate. The personal representative’s primary duties are to (1) discover preserve and collect all of the estate assets, (2) identify all interested persons in the estate including heirs, devisees and creditors, and (3) and distribute assets to the devisees under the will or the heirs in accordance with the law of intestate succession. The probate process can take a significant amount of time. The average time is around eight months to a year and a half. It can also involve considerable expense in terms of attorney’s fees, fiduciary fees and other costs of administration. The personal representative is held to a high standard of care and can be held personally responsible for any negligence or malfeasance in the conduct of the affairs of the estate. Even in simple estates, personal representatives have many duties to perform. If the Probate is in Multnomah or Clackamas County, the Personal Representative will be required by the court to take a class on being a Personal Representative as a condition of appointment.

3. Trust Administration
Trust administration is very much like probate administration except that there is no court oversight. The trustee has essentially the same responsibilities as the personal representative, but has a greater degree of flexibility in administering the estate which means that the cost of administration is usually significantly less and the time from start to finish is significantly shorter than most probates. Another major difference between trust administration and probate administration is that the trust administration is completely private. Probate is open to the public and the court records are open for review by anyone who chooses to look at them. Those records include inventories of assets as well as the names of beneficiaries. Many people find this to be an invasion of privacy.

4. Estate Related Litigation
Unfortunately, estates can be the subject of litigation. This type of litigation may include challenging the legal capacity of the decedent, or claiming the decedent signed his estate planning documents under undue influence, fraud or duress. Litigation may also occur when the proposed personal representative or trustee is alleged to be unfit to serve or that a personal representative or trustee has engaged in negligent or willful misconduct in the administration of the proceedings. Litigation is expensive. Litigation brings out the worst in people. Litigation is very time-consuming. And it rarely results in a truly satisfactory conclusion.

DISCLAIMER: The information contained herein is based on Oregon law and is subject to change. It should be used for general purposes only and should not be construed as specific legal advice by Carl Jepsen, Attorney at Law. Neither this website nor use of its information creates an attorney - client relationship. If you have specific legal questions, consult with your own attorney or call us for an appointment.

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Copyright © Carl Jepsen, Attorney at Law.   All rights reserved.   
555 SE 99th Ave.  Suite 101
Portland Oregon, 97216
Tel: 971.229.0585  Fax: 971.229.0591