I think my brother distributed my father's estate unfairly. What can I do?

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:

I'm unable to determine whether the estate went through probate procedures or not. In Oregon, there is a small estate procedure for estates of less than or equal to $140,000, of which no more than $50,000 may be personal property and not more than $90,000 may be real property. An affidavit of heirship is filed to determine the heirs to the estate. Step-children may inherit on the same basis as blood children. Administrators have a duty to administer the estate to the legal heirs according to the statutory rules for intestate distribution and may not distribute to those heirs of their own choosing.

The following are Oregon statutes:

112.045 Share of others than surviving spouse.

  The part of the net intestate estate not passing to the surviving spouse shall pass:

  (1) To the issue of the decedent. If the issue are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation.

  (2) If there is no surviving issue, to the surviving parents of the decedent.

  (3) If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation. If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

  (4) If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

  (5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. 114.550 Summary review of administration of estate; hearing.

  The affiant or any claiming successor of the estate who has not been paid the full amount owed such claiming successor may, within two years after the filing of an affidavit under ORS 114.515, file with the probate court a petition for summary review of administration of the estate. A creditor may not file a petition under this section if the creditor received a copy of an affidavit filed under ORS 114.515 delivered or mailed to such creditor within 30 days after the date the affidavit was filed, the creditor was shown as a disputed creditor in the affidavit, and the creditor has not filed a petition for summary determination under ORS 114.540. The court shall hear the matter without a jury, after notice to the claiming successor and the affiant, and any interested person may be heard in the proceeding. Upon the hearing the court shall review administration of the estate in a summary manner and may order the affiant to sell property of the estate and pay creditors, to pay creditors of the estate from property of the estate or of the affiant, or to distribute property of the estate to the claiming successors, or may order any person who has received property of the estate to pay amounts owed to claiming successors of the estate in whole or in part.       112.095 Persons of the half blood. Persons of the half blood inherit the same share that they would inherit if they were of the whole blood. [1969 c.591 §27]