Portland, OR asked in Probate for Oregon

Q: My friends mom was named in a will to distribute monies to her 3 adult kids. No money has been received by them.

She keeps having excuses last one being check hasnt cleared. It has she has been spending money and she has no income from anything but the inheritance. She is a heroin addict and the kids think its gonna be spent by her. What can they do to have her replaced

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Probate Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: You may consider filing a court petition to have the personal representative removed. The petition should be filed in the probate case. The court will grant the petition if the personal representative has commingled estate money, such as using estate funds to pay for her own personal expenses. You should move quickly on this before the funds are spent because once the money is gone, the personal representative may not have the ability to pay the money back.

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