Longview, WA asked in Family Law, Estate Planning and Probate for Oregon

Q: can i report my fathers truck stolen if my sibling has taken it and refuses to bring it back until will finalized?

My sister who is executor of my fathers estate and will has taken our dads new ford truck and refuses to return it to my dads property until the finalization of his will with probate.we all have copies of the will and no one else has removed anything awaiting any updates from our sister.she refuseses to return our calls or update status of the will

Our concern is why she refuses to bring truck back until read of will.Our dads wishes were that it go to our little brother after $15000 payoff was completed by her.Do we have any right to report it stolen while we try removing her as executor

1 Lawyer Answer
Joanne Reisman
Joanne Reisman
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Assuming that a probate has been filed and your sister was appointed as executor, she would have the right to secure all assets of the estate while any issues are being resolved. What you need to understand is that just because your dad's will expressed that the truck be paid off and given to your little brother doesn't mean that this is what will happen. Sometimes there are expenses that need to be paid that mean that the property of the estate has to be sold to pay the expenses. Sometimes bequests in a Will just aren't realistic and can't be fulfilled, such as saying that the loan against the car would be paid off if there realistically aren't funds to pay the loan off. In any case, your sister, once appointed as the PR, can and should take measures to secure all property of the estate.

It should be clarified that until the court formally appoints someone as the executor, the mere mention in a Will that they are nominated does not confer any powers on them to act as the executor. The court has to appoint them before they actually have the authority to act in that capacity.

If you have questions or concerns about the management of the probate estate you will have to use your own money to consult with an attorney to find out whether your concerns are justified and to get further representation if needed. The police are not a cheap way to intervene in a probate estate and usually the police will just tell you that it is a civil matter and not want to get involved unless there is clear evidence of a crime being committed.

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