Q: Can I file a Breach Of Fiducary duth in my county?

A: Given your scenario and the general principles discussed, here's how you might approach filing a breach of fiduciary duty claim in Oregon:

Venue for Filing:

Probate Court: If your claim directly involves the administration of your mother's estate or the duties of an executor or trustee appointed in her will or trust, filing in probate court might be appropriate. Probate courts in Oregon have broad powers over estate administration, including the authority to surcharge a fiduciary for breach of duty (ORS 111.095).

Circuit Court: For broader civil claims that might not strictly fall under probate jurisdiction or if you're seeking remedies beyond what probate court might typically handle, filing in circuit court could be considered. This could include claims for damages that extend beyond estate assets or involve third parties not directly tied to the probate process.

Filing in Your County:

Jurisdiction and Venue: While probate matters generally start in the county where the decedent resided or owned property, Oregon law might allow for venue in your county if there's a significant connection (like if you're the only heir and the estate's assets are there). However, this would need to be justified based on Oregon's venue statutes or case law, which might require legal research or advice.

Legal Basis:

Breach of Fiduciary Duty: Oregon law recognizes fiduciary duties in estate administration. If the executor or trustee failed in their duties (e.g., not providing accountings, mismanagement of assets, self-dealing), this could constitute a breach (ORS 114.395).

Steps to Consider:

Consult Legal Counsel: Given the nuances between probate and civil actions, consulting with an attorney familiar with Oregon probate and fiduciary law would be crucial. They can provide specific advice on venue, whether to file in probate or circuit court, and how to frame your claim.

Gather Evidence: Collect all documentation related to your mother's estate, communications with the fiduciary, and any evidence of mismanagement or breach.

Filing: If opting for probate court, you might file a petition for an accounting, removal of the fiduciary, or surcharge. For circuit court, you'd file a complaint for breach of fiduciary duty.

Conclusion:

While there's a basis for filing in your county if justified, the choice between probate and circuit court depends on the nature of your claim. Probate court is equipped to handle fiduciary duty breaches related to estate administration, but for broader civil claims or if seeking extensive remedies, circuit court might be more appropriate. Always ensure your legal strategy aligns with Oregon's specific statutes and case law, which might require direct legal consultation for the most accurate guidance. While this is general information you should reach out to an attorney near you to run over your specifics.