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Should I have other council investigate passed fathers probate lawyer?

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


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: .) 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.

Please read the following notice: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and are not intended to constitute legal advice, create an attorney-client relationship, or solicit business. No posts or comments on this site are in any way confidential. Each case is unique. Information not contained in these posts may create significant exceptions to the advice provided in any response. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br>

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

Be sure to designate "best answer." 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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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 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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