Portland, OR asked in Estate Planning, Family Law, Civil Rights and Probate for Oregon

Q: why would the opposing party not have to have accounting before the estate is out of trial?

The opposing party is not coming forward with accounting for unknown reasons and has also borrowed money from the estate without approval from the judge. The opposing party also had depleted the estate account and had to open another one giving an updated inventory and is somehow blaming their failure to complete the accounting due to an objection filed that was seeking to have the assets of dead mother whom are not being brought forward in the estates assets as the spouse took all of her assets without reporting to the court that she died intestate they are now probating estranged fathers estate before addressing this issue after comingling the assets of moms at the time of death and the heirs a rightful chance to their rights in the estates intestate succession. Mother died in 2010 and my father whom was imminent to death remarries and the house is still in my moms name with his ? Can he gift property like that when my moms name is still on the deed and her estate was not probated?

1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Estate Planning Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: This is a common and unfortunate scenario when there is no comprehensive estate plan in place. If your mother and father owned their assets jointly while they were both alive, the surviving spouse will own everything when the first spouse dies. There is no estate and no probate for the first spouse to die if all assets were owned jointly. If and when the surviving spouse remarries, the "new" spouse of the surviving spouse is entitled to at least 1/2 of the entire estate of the surviving spouse, and maybe more depending on whether there is a will and other circumstances.

You should consult with an attorney to determine your specific rights.

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