Q: In umatilla county Oregon how to get personal property from persons when affidavit has already been filed.
I am the affiant to a small estate affidavit. a person took possession of personal property of the estate that I need back to settle debts, the affidavit has already been filed without the list of these assets. So do I have to file an amended affidavit. With these items listed in order to get them back? Or is there something else I need to file in order to get them back.they were never given any legal right to take the personal belongings in the first place. Any advice would be greatly appreciated thank you
A: As the affiant you have the right to collect the personal property whether or not it was listed in the affidavit. That said, you may want to file an amended affidavit if the property is real estate and specifically describe the real estate with a legal description as this will help you take control of the real estate when you need to. You could also file an amended affidavit and list additional property if that helps you administer the small estate. You do need to be careful of whether the additional property has a value that puts you over the limits for the small estate proceeding. If you go over the maximum value you will need to convert the proceeding to a full probate. Go to this link and read all the statutes that pertain to the small estate affidavit process: https://www.oregonlaws.org/ors/114.515 You will see that there is mentioned that you have the power to bring a proceeding to compel someone to turn over property as the affiant and the probate court is where you check to see how to schedule that proceeding. I would advise you to get the assistance of a lawyer as this can get somewhat technical and a Lawyer can help you figure this out.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
