Q: Mom died intestate w/a 350K estate. How do I stop my sister (other heir) from stealing everything pending end of probate
The heirs are just us two daughters. I found out my younger sister has been stealing assets and has liquidated 3 bank accounts and has every intention of selling everything and keeping all of the money and not probating the estate that includes 2 homes and collectibles and cash. How do I stop her from looting the estate ? I have no money to hire an atty.
Yamhill County Oregon
A: From the fact pattern that you have described, it does appear that you are entitled to a portion of the estate. If your sister distributes the entire estate to herself, she will be violating intestacy laws and her responsibilities as personal representative if she has been so named. However, without the assistance of an attorney, it may be difficult for you to properly challenge this in the courts. I would recommend reaching out to the State Bar of Oregon for potential pro bono assistance.
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A:
Probate is not always necessary. If your deceased mother owned bank accounts or property with your sister, the surviving co-owner often will then own that property automatically. If your sister was named as the payable on death beneficiary of the bank account, probate probably is not be required.
Probate is usually needed to clear title to land or bank or savings and loan accounts that were held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries.
Your sister will not be able to sell any home or land without going through probate, unless she is named as a co-owner on the deed. If you and your sister are the only surviving children of your mother and she was not married at the time of her death, you and your sister will equally share all assets subject to probate.
You should consult with an attorney to determine your rights.
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