Q: A mother of 3 adult children 1 living with her dies intestate. How do they determine personal representative?
This is an assignment for LAw 105 Estate Administration & Probate Practice; She has three children, two of them live on their own, and one is living with her. The one living with her has made renovations to the residence. The other two children wish to sell the house at market value, not reimbursing the one living with her for these expenses. Can he become the personal representative? How would a case like this be determined? The assignment was given no state to look up the local laws, so I am assuming it would take place in the state I reside in, Oregon.
A:
In Oregon, when a person who dies intestate (with no Will) you must look to ORS 112.045 to determine who the estate goes to. If the decedent had no spouse at her death her three children will split the estate equally (assuming she has no children who have predeceased her and left children of their own).
We look at ORS 113.085 to determine priority in appointing a personal representative. In this case the three children would all have equal priority. Next we look to be sure that none of the children are disqualified (ORS 119.095). If all of the children are qualified to act as personal representative then it is a race to the courthouse, however, whichever child is appointed will need to qualify for a fiduciary Bond (ORS 113.105). This requires a credit check and some people with creditor/bankruptcy or employment issues might not qualify for the Bond. Living in the home and/or being a creditor of the estate goes not disqualify someone from being appointed as personal representative.
You should look up your county Supplementary Local Rules, though, because some counties require the personal representative to hire an attorney to represent them (or prove to the Judge that they are capable of handling the estate pro se).
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
