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Did my brother breach his fiduciary duty as executor of the estate?

Did my brother breach his fiduciary duty as executor of the estate?

Q: Can an executor decide who gets what if there is no will?

No, an executor cannot unilaterally decide who gets what if there is no will. In such cases, the estate is distributed according to state intestacy laws, which dictate how assets are divided among heirs. The executor must follow these laws and cannot distribute assets based on personal preference.

Q: What rights does a beneficiary have from an executor?

Beneficiaries have the right to receive information about the estate, including accounting and receipts. They can request updates on the estate's administration and challenge any actions taken by the executor that they believe are improper or not in accordance with the law.

Q: Who has more power, executor or beneficiary?

The executor has more administrative power in managing the estate, but they must act in the best interests of the beneficiaries. While the executor handles the estate's affairs, beneficiaries have rights to information and can challenge the executor's decisions if they believe there has been mismanagement.

Q: What if my brother won't give me my inheritance?

If your brother refuses to provide your inheritance, you may have legal recourse. You can request an accounting of the estate from the executor. If he continues to withhold information or assets, you may consider filing a petition with the court to review the estate administration and enforce your rights as a beneficiary.

Full question:

My father passed away, with no will. My brother acted as Executor of the estate. He decided, without asking any party involved, to give half the estate to my fathers ex-wife. (2nd wife, no blood relation to his heirs) and split the remaining estate 5 ways. 3 blood decendants and two of his second wifes children. These people were not related to me and never adopted. My question is: Did my brother betray his Fiduciary trust? He refuses to provide my sister and I with reciepts or any accounting of funds. We are only talking about a total estate of under $50,000 and it has been three years, do I have any legal recourse?

Category: Wills and Estates
Date: 04/07/2025
State: National

Answer:

It's unclear if the estate went through probate. In Oregon, there's a small estate procedure for estates valued at $140,000 or less, which includes filing an affidavit of heirship to determine heirs. Stepchildren may inherit like biological children. Executors must distribute the estate according to intestate laws, not based on personal preference. According to Oregon statutes, the estate should pass to the decedent's issue first, then to surviving parents, siblings, or grandparents if there are no children (ORS 112.045). If you believe your brother mismanaged the estate, you may have legal recourse. Under Oregon law, you can file a petition for summary review of the estate administration within two years of the affidavit being filed (ORS 114.550). This allows you to request the court to review how the estate was handled and potentially order the distribution of assets to rightful heirs. If you haven't received any accounting or receipts, this may strengthen your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can an executor override a beneficiary?

No, an executor cannot override a beneficiary's rights. The executor is responsible for managing the estate according to the will or, if there is no will, according to state intestacy laws. They must act in the best interests of the beneficiaries and cannot make decisions that favor one party over another without legal grounds.

Can an executor decide who gets what if there is no will?

What rights does a beneficiary have from an executor?

Who inherits if there is no will?

If there is no will, the estate is distributed according to state intestacy laws. Typically, this means that the decedent's children, spouse, or other close relatives inherit the estate. In Oregon, for example, the estate passes to the decedent's children first, followed by surviving parents or siblings if there are no children (ORS 112.045).