Federal Way, WA asked in Estate Planning for Oregon

Q: Is there anyone that is excluded from being a per rep or trustee to an estate if the named rep declines? (Oregon)

My brother declined to be per rep and trustee to my fathers estate. Are there any parties that excluded from taking his place?

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

A: It sounds like your father had a Revocable Living Trust. If your brother is named as Successor Trustee but has declined to do this job then your father's Trust likely names the next person who should act as Successor Trustee. If it doesn't name a second person then there should be language in the Trust about how a new Trustee is named. Sometimes the beneficiaries are allowed to name the Trustee. Sometimes a Court is required to appoint the Trustee. You should have an attorney look at the Trust for you.

Usually when a person owns their assets in a Revocable Living Trust then it is not necessary to probate their Will so no Personal Representative is ever appointed. Oregon Law does state that you cannot be Personal Representative if you are incapacitated, a minor, an attorney who has been disbarred or a funeral service practitioner. If you have a felony conviction you must inform the probate Court.

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