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Can the Executor of a will go to jail if they are selling off belongings that were meant to be willed to beneficiaries ?

Everett, WA |

My Grandfather passed away early this month. We are having an issue w/ the executor of the estate refusing to give items promised in the will. He claims to have sold them off. There is prejudice against our side of the family. Whenever, my mother talks to the executor of my Grandfather's estate, he lies to her in regards to what is in the house, dates of estate sale etc. I am wondering if what he is doing is a criminal offense and if so, what action can we do about it. We live in WA and my grandfather's estate and how its being handled ( or lack there of) is in Oregon.

Attorney Answers 3

Posted

This is not a criminal matter but I urge you to retain a probate attorney in Oregon to find out what is happening with the estate and possibly file a motion to remove the executor if he is not fulfilling his duties to the estate.

Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.

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Posted

I agree.
While you can call the Probate court and request copies of all filed documents (for a fee of course) this will only tell you part of the story.
Seek legal counsel to represent you and find out all relevant facts to help you determine what courses of action there are and what you want to do.
Good luck

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5 lawyers agree

Posted

You need to take action. There are many remedies available. Some include payment of attorney's fees for having to get the executor off the case or do what is required. Talk to an Oregon probate attorney.

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