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.
1 user found this answer helpful
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.
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.