Portland, OR asked in Probate for Oregon

Q: My boyfriend died intestate and his kids dug a hole and buried him in the yard, can I be appt'd pr w/o their permission?

His children are not handling the small estate and refuse to communicate. I've made several attempts to contact his children to discuss the matter but have gotten no response. The oldest son is actually an attorney in portland and it shocking that he would bury his father ,I believe, unlawfully .

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Oregon law does actually allow a person to bury a family member on their property if certain requirements have been met. A small estate would be required if your boyfriend owned assets in his name alone at his death and those assets totaled less than $75,000 of personal property and/or $200,000 of real property. Since your boyfriend did not have a Will you really have no authority over his estate unless you are an immediate family member. I doubt any probate court would appoint you as Personal Representative without notice to his children.

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