[WSBAPT] Daughter now resides in OR and owns real estate

Tue Feb 4 14:22:43 PST 2020

The Oregon statute seems to be limited to tangible personal property, but read it for yourself.  It does exclude things with certificates of title, such as vehicles.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Cyrus Field
Sent: Tuesday, February 04, 2020 1:36 PM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

Thanks Phil, as I wasn’t aware of (or forgot?)  that change in 2015.  I know the old OSB Planning the Basic Estate forms had that memo language but it wasn’t actually enforceable.

As an aside, one issue I have seen is that while you can gift tangible personal property per the list in Washington, it is my understanding it doesn’t convey any intellectual rights (e.g. intangible property) associated with that property. So if an artist wants to gift a work of art, along with any copyright associated with it, they can’t just rely on the memo. Just had that situation come up moments ago. Thanks, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
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The information contained in this e-mail message, including attachments, may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think you have received this e-mail in error, please e-mail the sender at cyfield at rockisland.com<mailto:cyfield at rockisland.com> and destroy or delete the original and any copies.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Philip N. Jones
Sent: Tuesday, February 4, 2020 11:15 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

If I understand your email, I should note that Oregon has for several years allowed a letter, referenced in a will, to create a binding disposition of tangible personal property.  ORS 112.260.
Phil Jones

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Cyrus Field
Sent: Tuesday, February 04, 2020 11:00 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

Additional things that come immediately to mind: Oregon has only $1Million exemption, cant use declaration of witnesses, no memo re: tangible personal property, confusing Health Care Directive. Good luck, Cy

Cyrus W. Field, Attorney at Law (admitted in Washington and Oregon)
phone: 360-472-1223 Mail: POB 367, Shaw Island, WA 98286 Office: 640 Mullis St. Friday Harbor, WA
******************************************************************
The information contained in this e-mail message, including attachments, may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think you have received this e-mail in error, please e-mail the sender at cyfield at rockisland.com<mailto:cyfield at rockisland.com> and destroy or delete the original and any copies.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Felicia Value
Sent: Tuesday, February 4, 2020 8:49 AM
To: wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Daughter now resides in OR and owns real estate

I practiced for six years in OR before moving to WA to practice here.  There are enough small but mighty differences that I recommend against it.  Just two quick examples,  OR does not have community property law or nonintervention powers.  I'd refer her to an (active,  i.e. not me) Oregon attorney.
On 2/3/2020 3:14 PM, michael at westseattleattorney.com<mailto:michael at westseattleattorney.com> wrote:
Can I in WA draft my daughter a Will?  [Image removed by sender. Cool]

[cid:image001.png at 01D5DB4A.28DEA380]

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