Q: Probate statute of limitations in Oregon where non relative recieved my father's house, claiming to be his daughter?
Three years ago next month, my father died. The self claimed executor of his estate contacted me because a cousin told her to. When I asked about his house in Clatsop County, she daid it was being sold and no one knew he had two daughters. She hurried up and held a service. And she herself recieved the house which is now her vacation home. She lives in Washington. When one of my uncles went by the house, and asked who she was. She said she was my dad's daughter. I talked to her on the phone, and her husband, and said my sister and I wanted to contest the will or actions. She said it was done. Already filed. That was in November 2016. Is their any action, regarding probate fraud, or contesting that this woman who he knew through church, her and her mother, and her husband, can be filed at this time?
A: You should immediately contact an attorney to determine your rights. If your father did not have a will when he died, then you and your sister are entitled by law to a share of his estate unless he was married to your mother when he died. If your father had a will that was probated by a court, it will be on file with the court and available for public inspection. As a surviving child of your father, you are an heir of his estate and you should have received notice of the probate proceeding, and given an opportunity object and assert a claim. If notice was not properly given to you, then you may still be able to assert a claim.
If you knew or should have known about the actions of the executor (also known as a personal representative of the estate) at the time, then a fraud claim may be barred because you didn't bring it soon enough, but there are other claims that might still be asserted. An attorney will be able to assess your claims after obtaining more information from you.
Theressa Hollis agrees with this answer
A: Rhonda, I'm not clear why you waited until now to contact a lawyer about something you say you knew about in 2016? Or did you just find out about this in 2019? A person can't take property they aren't entitled to and become the owner and there is an action called a quiet title action that can be filed to clarify who is the legal owner of real property. But it may well be that this women came by the property legally if it was left to her in your father's Will or if she actually bought it from your father's estate. The money from the purchase may well have gone to pay creditors of your fathers which would explain why there was not money left to distribute. So I am not sure what to tell you but you can't arrange a consultation by putting your name and phone number onto your post here on Justia. The forum here on Justia is just for anonymous questions and answers. If you want legal help, you will need to contact a lawyer directly for legal assistance. Since this is happening in Clatsop County I would recommend you contact a Lawyer who is located in Clatsop County.
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