Why Every Oregonian Needs an Estate Plan—Even If You’re Not Rich

When people hear the phrase "estate planning," they often imagine it’s only for the ultra-wealthy—the kind of folks with sprawling mansions, vacation homes, and massive investment portfolios. But in Oregon, estate planning isn’t just for the rich—it’s for everyone.

If you own property, have children, or simply care about who makes decisions for you in a crisis, a well-crafted estate plan is one of the most important things you can do for yourself and your loved ones.

In this post, we’ll explore why estate planning matters in Oregon, what documents you should consider, and how an estate planning attorney can help you avoid costly mistakes.

What Is an Estate Plan, Really?

An estate plan is a set of legal documents that outline:

• What happens to your property when you pass away

• Who handles your affairs if you're incapacitated

• How your assets are managed and distributed

• Who will care for your minor children, if any

At a minimum, a basic Oregon estate plan includes:

• A Last Will and Testament

• A Durable Power of Attorney

• An Advance Directive

• Possibly a Revocable Living Trust

Top 5 Reasons Oregonians Should Have an Estate Plan

1. Avoiding the Time and Cost of Probate

In Oregon, if you die without a will, your estate will go through probate—a court-supervised process to distribute your assets. This process can take months or even years, and it can be costly. Legal fees, court costs, and delays can quickly drain your estate, leaving less for your beneficiaries.

An estate plan can minimize or avoid probate through tools like living trusts and proper asset titling.

2. Protecting Your Loved Ones

Estate planning isn’t just about money—it’s about people. If you have minor children, you can name a guardian to care for them if something happens to you.

Without a guardian nomination, the court will decide who raises your children, and your children may be put into temporary foster care while the court is deciding. That’s not a decision you want left up to a stranger, and that's not where you want your children.

3. Planning for Incapacity

What if you’re in an accident or develop a serious illness that leaves you unable to make decisions? A Durable Power of Attorney lets someone you trust manage your finances, and an Advance Directive spells out your wishes for medical care.

Without these documents, your family may have to go through a court process to get permission to help you—which can be time-consuming, expensive, and emotionally draining.

4. Preventing Family Conflict

Clear estate planning documents reduce confusion and disputes. When your wishes are legally documented, there’s less room for misunderstandings or hard feelings among family members.

Even simple estates can cause friction if there’s no plan in place. Estate planning helps protect your legacy and your relationships.

5. Keeping Control of Your Legacy

Do you want your assets to go to specific people or causes? Do you want to delay inheritance for younger heirs or protect a loved one with special needs?

Estate planning gives you control over who gets what, when, and how. Without a plan, Oregon’s default laws will make those decisions for you—and they might not align with your wishes.

Common Estate Planning Documents in Oregon

Here’s a quick overview of the most important estate planning tools:

✅ Last Will and Testament

Specifies who receives your property and who will manage your estate (the personal representative).

✅ Durable Power of Attorney

Lets you name someone to handle financial matters on your behalf if you become incapacitated.

✅ Advance Directive

Outlines your preferences for medical care and names a health care representative to speak for you if you can’t communicate.

✅ Revocable Living Trust

Can help you avoid probate and manage your assets during life and after death. Particularly useful for larger estates or blended families.

Do I Need a Lawyer for Estate Planning in Oregon?

While DIY templates exist online, estate planning is not one-size-fits-all. Oregon has specific laws and procedures that must be followed for your documents to be valid.

Hiring an estate planning attorney helps ensure:

• Your documents comply with Oregon law

• Your wishes are clearly and legally enforceable

• You’ve considered tax implications, asset protection, and probate avoidance strategies

A lawyer can also help update your plan over time, especially after major life events like marriage, divorce, having children, or buying a home.

When Should You Start Estate Planning?

The best time to create an estate plan is now—before you need it.

Too often, people put it off until it’s too late. But the truth is:

• Accidents happen

• Illnesses can come unexpectedly

• Probate can become a nightmare without a plan

Whether you're 30 or 70, own a little or a lot, have kids or don’t—your estate matters.

Let’s Build Your Plan, Together

At Liska Law, we make Oregon estate planning simple, affordable, and personal. We listen to your goals and create a custom plan that protects your family and future.

📍 Based in Portland, we serve clients across Oregon with remote and in-person options.

Don’t leave your future up to chance—schedule a consultation today.