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Heir to estate?

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glesserj

Junior Member
What is the name of your state (only U.S. law)? Oregon
My grandmother died 2 yrs ago leaving her estate to her 3 children (2 girls and a boy). The oldest daughter is the executor of the estate (which is primarily a house, not sold yet). Five months ago the son died (my father). In my father's will I am left his estate. My question is...am I now the heir of my fathers third of my grandmother estate. My aunt, the executor, says I am...but my other aunt says no. My grandmothers will is in probate and there is a probate lawyer, but I'm told the probate lawyer can not give me advise, since this would be a conflict of interest. Thank you for any help.:confused:
 
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tranquility

Senior Member
Just because a person has not gained possession of an inheritance does not mean he doesn't already own it. The other aunt is wrong. Dad got his share at the moment of death and his estate should distribute it appropriately.

The aunt may be thinking about the process if dad died before grandmother. A predeceased heir issue has many rules and possibilities.
 

glesserj

Junior Member
Thank you for the clarification....which leads me into a follow-up question.

The aunt that is the executor of my grandmother's estate has been working with a Realtor to sell the house. As we all know, selling real estate has been difficult the past couple of years, but to make it more difficult my other aunt (who is a realtor in California) has "clouded" the title twice which cancelled the offers of two buyers.:( I just found out about this and was wondering if there was any recourse that we could take to prevent the other aunt from interferring with any future transactions?
 

anteater

Senior Member
...if there was any recourse that we could take to prevent...
I hope that you are using "we" in a highly figurative sense. There is no "we." There is only Aunt the executor.

...but to make it more difficult my other aunt (who is a realtor in California) has "clouded" the title twice...
I suspect that this is much too complicated for an answer on an internet forum. But, I'll ask anyway. How did other Aunt manage this?
 

glesserj

Junior Member
Yes...I shouldn't have used the term "we". The executor is 86 yrs old and wants to get the house sold asap. I don't live in Oregon and I just wanted to get some clarification for myself. She has been paying all the taxes, maintenance, and repairs on the house from her own funds (my grandmother's money ran out over a year ago). Fortunately she will get all of what she has spent back when the house is sold...but with my other aunt interfering this could be difficult and drag out for some time. I haven't talked with my other aunt, but I'm guessing she thinks the house is worth more than what it is listed...so she just keeps spoiling the deals.

I just learned about the "title clouding" ....I had to look the term up on the internet to find out what it was. I'm very interested myself in how she did it. My executor aunt told me that the Realtor said my other aunt was just one step above the law. I would like to call the Realtor to get a better explanation...but I'm not sure that would be appropriate. If I find out how she did it....I'll post it :)

Is my executor aunt obligated to keep me and my other aunt informed of the status of the house? ...or can she proceed with what she thinks is best and just let us know when the house has been sold? I really do appreciate your comments.
 

anteater

Senior Member
I would like to call the Realtor to get a better explanation...but I'm not sure that would be appropriate.
I guess it depends upon your relationship with Aunt the Executor and whether you worry about Aunt feeling that you are meddling.

Is my executor aunt obligated to keep me and my other aunt informed of the status of the house? ...or can she proceed with what she thinks is best and just let us know when the house has been sold?
This is somewhat state-dependent and I don't know much about Oregon probate law and procedure. But, as a general rule... While the executor has a fiduciary duty to the beneficiaries and the deceased's creditors, the executor is under the supervision of and reports to the court. In most states, between notification of the opening of probate and the final accounting, distributions, and request for release from executor duties, there are generally few mandated requirements for communication with the beneficiaries. It would be nice for the executor to communicate the status regularly, but there probably is no legal requirement to do so.
 

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