This occurred when a Aunt of mine Died in 94, I was not aware of the proceedings of the will, and the money was dispersed in 2000 when My Uncle died, somehow, by deceit or fraud, my Sister & Brother got the bulk of funds which were to be given out equally, nobody has ever confessed to this theft, but, the fact's are surfacing as time goes by, of course this has Distanced /Alienated me from the involved parties, ( And those in the 'know') which encompassed my Aunt. Cousin, Nephew, & Nieces, How could they continue to treat me as a Loved family member knowing about this wrong act committed against me? The only reason they did this is sheer Greed, I owed neither of them a penny, all this happened about 13 to 17 years ago, well beyond any statute of limitations, is there any known action 4me
You may be beyond any statute of limitations. You need to obtain a copy of the relevant documents from the probate office handling the matter and then have an attorney in the county where probate occurred or one of the close counties review the documents. While you may be out of time, in some cases if they failed to give you proper notice or took property that should have passed to you, you may be able to compel an accounting and have then "surcharged" or fined. You may be able to pursue a breach of fiduciary claim, but time is critical.
The key question is: was a probate action file in an Oregon court? Go to the county courthouse in county where your uncle passed away, get copies of all the documents in the file and take them to a probate attorney. If there was no probate filed, and you have a copy of the will, take it to a probate attorney. Good luck.
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 26 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.
I agree with the other answers that have been posted so far, but I believe you may wish to look at this from another possible angle. Because so much time has passed your question about the statute of limitations is certainly germane. Depending on the actual facts regarding when you discovered the deception; you may be able to proceed under a civil fraud theory. This means that you may be able to bring a lawsuit outside of a traditional probate type of case. In Oregon you have two years from the time you discover that you have been defrauded to file such a case. There is a higher standard of proof than in most civil lawsuits; this is what is known as "clear and convincing" evidence. So I am not saying this would be a 'slam dunk' case, but it is worth exploring as a way to obtain a remedy that might not be possible otherwise. Get yourself into a law office and see about your options.
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