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:
- 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.