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What rights do beneficiaries have regarding estate information?

What rights do beneficiaries have regarding estate information?

Full question:

I am one of eight children named as beneficiaries in our father's will and am also named as a second choice for the personal representative. My sister has been named and appointed by the probate court as personal representative and I believe she has been mismanaging the estate and a lot of property is unaccounted for. She has been very secretive in her dealings with the estate and won't answer most questions asked by me and the other beneficiaries. What are our rights as beneficiaries and how much information must be open to us?

Category: Wills and Estates
Subcategory: Personal Representatives
Date: 04/07/2025
State: Oregon

Answer:

As a beneficiary of an estate in Oregon, you have specific rights, including:

The right to be notified when the personal representative applies for court probate.
The right to receive information about the estate's original assets and ongoing accounting. If the personal representative does not provide this information, you can request a court-supervised review of the accounts.
The right to receive your share of the estate in a timely manner, typically within one year if the estate is managed properly.
The right to see a complete accounting of the estate, including receipts and invoices, before the estate is finalized.
The right to review and approve the personal representative's compensation. If you disagree with the amount, a court can decide.
If you believe the personal representative is not performing their duties correctly, you can apply to the court to have them removed.

If your sister is not cooperating, you may need to consider legal action to compel her compliance or seek her removal. Consulting with a local attorney is advisable before taking such steps.

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 sue a beneficiary?

Yes, an executor can sue a beneficiary under certain circumstances. This may occur if a beneficiary is not fulfilling their obligations, such as failing to return property or funds owed to the estate. However, the executor must act in the best interest of the estate and follow proper legal procedures. It's advisable for executors to consult with an attorney before initiating any legal action against a beneficiary to ensure compliance with state laws and to protect the estate's interests.

What happens if you have two primary beneficiaries and one dies?

If one of two primary beneficiaries dies, the distribution of the estate depends on the will's provisions. If the will includes a clause for alternate beneficiaries, that person will inherit the deceased beneficiary's share. If there is no such clause, the deceased beneficiary's share typically goes to their heirs, unless the will states otherwise. It's important to review the will and consult with an attorney to understand the specific implications in your situation.

What happens if there are multiple beneficiaries?

When there are multiple beneficiaries, the estate is divided among them according to the terms of the will or state law if there is no will. Each beneficiary has the right to receive their share of the estate, and they may also have rights to information about the estate's management. Disputes among beneficiaries can arise, and in such cases, legal guidance may be necessary to resolve issues and ensure fair distribution.

Do named beneficiaries supersede a will?

Yes, named beneficiaries on certain accounts or assets can supersede a will. For example, life insurance policies and retirement accounts often pass directly to the named beneficiaries, regardless of what the will states. However, for assets not designated with beneficiaries, the will's terms will govern their distribution. It's essential to ensure that beneficiary designations are up to date to avoid conflicts with the will.