Circleville, NY Estate Planning Law Firms & Lawyers

There is very little likelihood of having any tax implications on an inheritance. In fact, its better to inherit property in many cases because the beneficiary gets to avoid potential capital gains taxes in the future. A simple will is probably all you need. But you could do a trust and avoid a probate when you pass away. But, a simple will would cost about $500 and you can do it and forget about it. And a trust will be about $1750, and will take some maintenance over the years. However, the trust will avoid a probate after you die, and the probate can be $2,500 to $3,500 or so. BUT, of course you don't pay for the probate. So the question is whether you want to pay out of your pocket more now so that the person who inherits your property can avoid a probate. Or whether you just want to do a will and forget about it and let them deal with it themselves later.

You don't explain why the lawyer believes this is the best course of action. Is your mother not able to handle the job? Would inheriting the assets of his estate cause her harm in some way? Which rights does he want her to waive? All I can recommend is contacting another lawyer and asking for advice.

First, if any property of your husband will go through probate (not jointly owned) then the probate estate should handle his debts. Second, if no probate, the answer is probably. As with any legal question, always best to have legal advice from a lawyer who represents you, and is looking out for your interests. The general rule in Oregon is that spouses are liable for expenses of the family, and these would generally include medical expenses. Also, in general if you inherit property you are liable for the decedent's debts to the extent of the value of what you inherited. That said, hospitals and medical providers will normally work with you. Some have deals with no-interest credit providers; others will reduce or write off their bills. The Oregon State Bar has a lawyer referral service. You can get referred to some estate lawyers who will meet with you for a consultation at a set fee.