Asked in Family Law and Probate for Oregon

Q: What happens if there’s a conflict when it comes to inventory or FMV of house in Oregon

My daughters dad died due to a MVA he had no will. At the time of death he was legally not listed father on BC. However after an attorney was hired by me we have established paternity. The agreement is his sister (who did not include our daughter as a possible heir but knew it) Shes also is PR. Anyways she can buy the property at FMV. Do I have the right to deny her offer if it is low? Also the inventory list will be missing significant items. My daughter is sole heir (Oregon interstate law) and is a minor so I am acting on her behalf. So my questions :

1. Do I have a say in how much the house is sold for?

2. How can I make sure the inventory is actually correct?

We no longer talk to his family due to them not acknowledging his own daughter during probate and things are extremely nasty.

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

A: I recommend you hire a probate attorney to assist you. Your daughter has a lot riding on this and it's not possible to answer all of your questions through a website. In Oregon a Personal Representative has a duty to sell estate assets for fair market value. If the PR plans to purchase the house it is important to obtain an appraisal to determine the value.

If you are no longer in communication with the Personal Representative this is a problem. You need an attorney to protect your daughter's rights.

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