Should I have other council investigate passed fathers probate lawyer?

Asked 11 months ago - Eugene, OR

Father passed April 2013, still in probate. Step son in law, other on will, gave away property, refuses to return or compensate.Lawyer says no big deal, I differ. recently son in violated our verbal agreement about staying in HIS house under my fathers name. He now wants repay for paying mortgage, 10k off the top,lawyer tried to slide past even with property issue, feels like fraud. believe if he wants to take on role of renter, charge estate for payments, basically free rent since april, charge him for occupying residence , Evict to sell house. With a different attorney with no conflict of interest as I suspect.

Attorney answers (3)

  1. Diane L Gruber

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . I suggest you take all the probate court documents to another probate attorney for review. Good luck.

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  2. Jay Bodzin

    Contributor Level 20

    3

    Lawyers agree

    Answered . I'm afraid it's a bit difficult to understand just what's happened and who's done what from your description. (Please see this Guide: http://www.avvo.com/legal-guides/ugc/five-tips-... .) In particular, I find myself confused by "Step son in law, other on will;" and by the question of who the lawyer is, and who they represent. If they don't represent you, then they can't give you legal advice and shouldn't be presumed to be working in your best interests; you may want to retain your own attorney at this point. If they do represent you but you're dissatisfied with the answers they give you, then you have every right to consult another lawyer in private for a second opinion.

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    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  3. Joanne Reisman

    Contributor Level 16

    3

    Lawyers agree

    Answered . I find your narrative confusing as well. Basically you have two choices, hire a lawyer now to review what is going on and intervene, or wait until the lawyer files his final accounting (you get a copy of this if you are a beneficiary) and file a formal objection so that the court can review what has been done and the court may agree with you.

    The comments by this author to questions posted on Avvo are designed to foster a general understanding of what... more

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