Myrtle Creek, OR asked in Estate Planning, Personal Injury and Probate for Oregon

Q: I am a disabled female that was the executor of my mothers probate like 16 years ago, I was also the primary beneficiary

I hired a attorney to protect my mothers assets, as probate was open I came back to him and told him all of my mothers non probated assets where GONE, He then acted as if he was very angry and told me he wasnt going to now take that on also,,TOLD ME NOT TO MENTION THIS TO THE JUDGE=, THAT ALL OF HER RETIREMENT AND LIFE INSURANCE HAD TO SHOW UP, WELL I JUST NOW LEARNED THAT THE CONTINGENT HAS HAD THE IRA SINCE IT WENT MISSING, AND BELIEVE THAT THIS LAWYER I HIRED HAD SOMETHING TO DO WITH THIS ALL, I HAVE RIGHTS TO THIS UNDER THE TOLLED STATUE DONT I. HOW CAN I GET MY MOTHERS 2003 TAX RECORDS THAT PROVE I WAS THE PRIMARY, AND HOW DO I GET THE 2004 TAXES THAT THIS LAWYER FILED ON MY MOTHERS PROBATE, I JUST LEARNED THIS LAST NOVEMBER ABOUT THIS EMBEZZLEMENT, HELP IN OREGON ABUSE OF DECEASED AND DISABLED PLEASE

1 Lawyer Answer
Theressa Hollis
Theressa Hollis
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Life insurance and retirement accounts should be distributed to the beneficiary named with each of those companies. If you have proof in writing that you were named as the beneficiary on your mother's life insurance and/or her IRA then you need to contact each of those companies and make a claim. Keep in mind that if this was 16 years ago it may be too late. No one's tax records state who their named beneficiaries are so I don't think that will help you.

I can't tell if your probate attorney did anything wrong. He certainly wouldn't have been able to force the life insurance or IRA companies to pay out to someone who was not the beneficiary. If you do end up with a credible complaint against an Oregon attorney you can contact the Oregon State Bar.

Maybe Disability Rights Oregon can assist you: 503.243.2081.

1 user found this answer helpful

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