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What are the laws in Oregon if someone didn't leave a will?

Milton-freewater, OR |

My sister claims she is "executor" of mother's estate, who recently passed . She is now claiming there is no will. I asked for a fewitems of mother's & she went on a "power trip", telling me to leave and saying she never wanted to see me again.

There are 5 of us & my mother recently sold her house. She had a stroke and as P.O.A. my sister let her get ripped off. I said the sale contract should have been voided because of my mother's medical condition. I also found out that my mother also owned a "cottage by the ocean", which I knew nothing of. I know nothing of her assets
Worst of all mother SHOULD have been autopsied due to circumstances of her dearh, but I can't even find out. My sister said she was going to cremate. I am extremely angry over this, plus her attitude.
What do I do?

It get even worse. Even though Oregon isnt a community property state, the man I consider responsible for her death is her surviving spouse!!! He is currently living in an expensive assisted living place, diagnosed with Alzeheimers. Yet he takes no medications for it...AND he has 2 children.

Attorney Answers 4


  1. Best answer

    Your sister would appear to have no more rights in this than you, but you are not likely to make any headway on this unless you retain a probate attorney to assist you. It is not clear what the assets are, so you may have the attorney assist you in investigating this, first, so you can determine if it make sense to file a probate action. Time appears to be of the essence, here.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  2. Run, do not walk to a probate attorney to help you with this. Your concerns are valid and should be investigated immediately. Your sister may sing a different tune when she is contacted by your attorney. There may be an innocent explanation of all of this; but, to preserve your rights you need to move immediately.

    Please be sure and mark the best answer. Thank you! hope this helps. ***************************************** LEGAL DISCLAIMER James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on business, estate planning ( Wills and Trusts), probate administration, tax,real estate and tax exempt organizations. The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.


  3. I agree with the posted answers.
    You need an attorney immediately to protect your interests.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.


  4. I agree with the other posts that you should contact a probate litigator immediately. The only hting I owuld add is that if, as your sister insists, there is no will , your mother died "intestate" and your sister has no more rights than you do. It is a race to the courthouse to file and get a Personal Representative appointed. You should also be ocncerned about your sister disposing of assets and trasnferring accounts.

    If there was a will and your sisiter destroyred orvdisposed of it, it presents another set of circumstances.

    This is going to a fight and you need a seasoned attroney to handl it for you.

    This posting does not create an attorney client relationship ,and is for informational purposes only. Any formal representation and advice will require establishment of a contractual relationship with an attorney. For more information go to www.meadfirm.com

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