Beaverton, OR asked in Probate for Oregon

Q: If two siblings (beneficiaries) don't agree after the death of their father and there is no will and the court appointed

a fiduciary that has been biased towards on beneficiary and assets are missing, he let one property go to foreclosure, hasn't submitted any detailed information to the beneficiaries or courts just a few major items and a lot of miscellaneous. Bank accounts ar missing and money is missing as well. The fiduciary won't return calls the beneficiaries wanted to purchase items that belonged to their father and he said no, other people have called to purchase assets and do not get calls back. Now he's auctioning the home their father lived in and has it under valued. What can be done? He has said there is nothing we can do because the court appointed him and he can do whatever he wants. Is that true? He has decreased the value by half at least and lost our father's legacy as well.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: It is not true that the executor can do whatever he wants, and you have remedies if he has engaged in malfeasance. Consult with a probate litigation attorney in your area.

Theressa Hollis agrees with this answer

Theressa Hollis
Theressa Hollis
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I'm sorry for your loss. I recommend you hire an experienced probate attorney to assist you. You have rights as an heir of this estate. I wish you the best.

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