Salem Wills Attorneys

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 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 Legal, 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 Legal can help you, call our Salem office at (503) 427-9033 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.

Understanding Will Amendments and When to Update Your Plans

Over time, changes in your family situation, financial affairs, or Oregon law may make it necessary to update your last will and testament. Many people are unsure about when or how to amend a will, and overlooking these opportunities for adjustment can create confusion or disputes for loved ones later on. Ensuring your will reflects your most current wishes helps secure your legacy and prevents problems in probate court.

Working with a will amendment attorney in Salem can make the process of updating your estate plan efficient and legally compliant. Life events like the birth of a child, marriage, divorce, or acquiring significant assets often signal when it is time to review and possibly revise your will. Additionally, if you have experienced a change in your choice of guardian, executor, or preferred charitable gifts, a will amendment may be appropriate.

Common reasons you may need to update your will include:

• Major family changes such as marriage, divorce, adoption, or the death of a beneficiary
• Significant financial shifts like inheriting property, selling major assets, or changes in business holdings
• Relocation to a new state such as moving to or from Oregon, which may subject your estate to different laws and probate courts
• Changing wishes regarding who should receive specific property or serve as your executor or guardian

Consult Our Wills Lawyer in Salem from Pacific Cascade Legal

At Pacific Cascade Legal, 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.

When working with our will lawyer in Salem, you benefit from the following client-focused approach:

• Personalized legal support based on your specific needs, including tailored guidance on will preparation and amendments
• Clear communication with a dedicated point of contact, ensuring your questions are answered promptly throughout the process
• Ongoing aftercare that extends beyond the completion of your case, so you have access to advice and support as your life circumstances change
• Local experience with Salem probate courts and Oregon requirements, offering strategies informed by regional practices and standards

Contact Pacific Cascade Legal at (503) 427-9033 to set up a consultation with one of our Salem wills and probate lawyers about your questions and concerns.