Q: if someone dies without a will, can his mom sell his stuff without notifying his daughter?
I live in a mobile home park in a trailer owned by my fiance. He died with no will. Does his family have the right to sell his stuff without notifying his daughter
A: The family members of the deceased person (called the decedent) has no legal authority to sell the trailer or any other property. Only the personal representative of the deceased person's estate (or a claiming successor if the estate qualifies as a small estate under Oregon law) has the authority to sell property that belonged solely to the decedent at the time of his death. The probate court in the county in which he resided when he died has the authority to appoint a personal representative of his estate. If the decedent was not married when he died, the decedent's adult daughter or other adult child has priority to get appointed by the court to serve as personal representative/claiming successor of his estate. If family members have sold items, such as furniture, furnishings or other personal property without legal authority, the personal representative and the court can require an accounting of funds received and a money judgment against them for the value of the items sold. You or his adult daughter should talk with an attorney to determine whether a probate proceeding is worthwhile.
A: Probably not. Why don't you notify his daughter? (I am assuming that the daughter is an adult.)
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