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Oregon will and trust

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C

Caryl

Guest
My mother passed away in oregon several months ago.
I would like to know what safeguards oregon has against estate fraud. What happens with a will which is not probated. Is there any place where the will and/or trust document has to be filed. What are my legaL rights as beneficiary. My brother is trustee of her estate and has been absolutely horrid, refusing to cooperate and provide any information. Should I be entitled to all her financial information? I am on the east coast. Any other information anyone could give me would be much appreciated.
Thanks for any help at all.
 


ALawyer

Senior Member
All states have strong laws against estate fraud, but they are not self-enforcing. The aggrieved person, or a lawyer representing him or her, has to go to court and ask for and get relief.

In this case it sounds as if your mother may have had a Living Trust and thus no probate might have been necessary. But that does not mean you have no rights. And when you say your brother has been horrid, I can't guess what the family dynamics are or were.

I suggest that instead of flying to Oregon and confronting your brother, you retain a lawyer in Oregon, in or near the county where your mother lived, to represent your interests. Often a simple letter or phone call from a lawyer gets you everything you need.

Then you'll be able to learn what is going on, and the lawyer can let you know if it looks as if you are getting a fair shake and the trustess is perfoming duties properly, and if not tell you the options before things escalate or the estate is looted or things are irrevocably "lost" or apermanent wedge is created between you and other family members.
 

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