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Motion to remove/replace personal representative in probate case

Portland, OR |

i am involved in a probate case and when the will was brought into the probate court my sister immediately filed a civil suit against me stating that i had denied her from seeing our mother before she died and other things that are not true, she had been estranged for years, she was on the ball and filed to be personal representative of the estate and she has been named per rep is there an conflict of interest due to her civil case? i want her removed and a court appointed rep put in her place what can i do i can not seem to get any local attorney to help me?this is in Oregon

ihired an attorney immediatley he has failed me miserably, he didnt file for me to be appointed as per rep, i am per rep in the will, and has failed to notify me of other procedings i was entitled to be present for, now it seems i can not get a straight answer from local legal attorneys

Attorney Answers 4


Not all the parts of your question fit. It seems that your sister filed objections against the Will. If there is a Will, the nominated executor should be appointed as personal representative on a temporary basis until the objections are resolved in the probate proceeding. You definitely need a lawyer experienced in probate litigation. It will cost you to litigate. Sometimes an early settlement is the best thing to do in such situations. Is it that you can't get a local attorney to help you, or you don't like what the local attorneys are telling you?

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If you have consulted several local attorneys and none want to take your case, there is probably a good reason. Either you are not willing to pay them or they do not think you have a case. Try talking to another probate attorney for advice.

The above answer is not to be considered legal advice and should not be relied upon as such. You should consult your attorney for specific legal advice as to your individual situation.

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You have not stated who was named in the Will as the personal representative. I agree with the other attorneys. If you cannot get an attorney to take your case, either you have no case or you don't have the retainer they ask for. Sorry.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 27 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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The court will generally appoint the Personal Rep nominated in a will even if the will is challenged. There is normally a time line to file your objections to the proposed personal rep when you first get the information to the heirs that should have been mailed to you. If you file a timely objection you should have gotten a hearing. Did you ever have a hearing?

If you have only had one attorney on this case then it would be a good idea to hire another one. Often the problem in these situations is the heir that needs help doesn't have money to hire and pay an attorney. This can be a big problem with unfortunately these are the type of cases where attorneys need to get money up front or they risk not getting paid. We also don't know what property is at stake and if it's even worth fighting about. We don't know the grounds for why your sister is challenging the will and if the evidence does or doesn't support her. So we really can't help you here on Avvo. I am afraid your only option is to hire and attorney to help you and that means having money to pay them.

The comments by this author to questions posted on Avvo are designed to foster a general understanding of what might be the law governing the area of the legal problem stated and suggest what might be the approach to finding a legal solution. Under no circumstances is this author acting as the attorney for the party who posted the question or as the attorney for subsequent readers to the question or response and no attorney client relationship is being formed. This attorney's comments are not intended to be a substitute for getting legal advice from a licensed attorney. A reader of this author's comments should never act on the information provided in these comments as though these comments were legal advice and should always seek legal advice in a personal consultation with an attorney in their jurisdiction before taking action. The information provided here is not intended to cover every situation with similar facts. Please remember that the law varies between states and other countries and is always changing through actions of the courts and the Legislature.

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