It has been over 3 mos. since Mom died & no probate has been filed (Oregon). Sister was POA and has all the documents but refuses to communicate. Isn't she supposed to do inventory & send copies to heirs "in a timely manner", and within what amount of time? I think she is avoiding this because she knows she's in big trouble or thinks we will all just forget about it. Is there some kind of Statute of Limitations where the (other) heirs would not have a legal claim? She is also distributing my mother's property without any agreement. I'm waiting for her to figure out her big mistake. I'm not sure if I would want the job of Executor or even what assests are left.
There may not be a probate due to the way your mother titled her assets and made-out her beneficiary designations on life insurance, retirement accounts, etc. You need to run, not walk, to an experienced estate attorney in Oregon who can make sure that everything is on the up-and-up and that your interests are protected. Good luck to you.
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Talk to a probate attorney, AFTER you have politely asked her if mom owned everything asset solely, or whether sister was joint on all assets. If sister was joint, sister gets everything as she is now sole owner. 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 my colleagues. One of your statements that does not bode well for you is that "She is also distributing my mother's property without any agreement." Your sister has no legal authority to do this, unless the assets were jointly held with your mother or your sister was named as beneficiary. If she is in fact doing this, it suggests that you may not have any rights, here.
One simple way you can check is to search the online property records to see how your mother's house was titled. If it was in your mother's name alone, then you should seek legal counsel on how you can initiate probate proceedings on your own. If title was joint with your mother, then the attorney can help you determine what your rights are and how best to proceed.
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