Father passed away in another state, half brothers not giving any information to me

UPDATED: May 27, 2009

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Father passed away in another state, half brothers not giving any information to me

My father passed away July of 2008. I am the first born of 3. My 2 half brothers have strung me along saying that they’re “talking care of all the legal things” and they’d let me know what I needed to do. First told there was no will…then told there was a will…I’ve never seen anything or been contacted. I don’t know much about his assets, but things are seeming fishy to me.Would like to know where I can look or what I should do? Thanks

Asked on May 27, 2009 under Estate Planning, Oregon


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I would suggest you contact the closest Probate Court and find out if Probate has been opened.  Whether there is a will or not, when assets reach a certain level, the estate must be probated so that creditors are paid, and remaining assets are distributed either to the will beneficiaries or, if there is no will, to the rightful heirs.  Also, the Probate Court should be able to tell you who the executor is of the will or, if no will, who the estate administrator is.  That individual owes you a fiduciary duty to keep you informed and to provide you with an accounting of the assets.  You might want to speak to a probate attorney in Oregon for more information or if you need assistance getting to the bottom of the will vs. no will story.

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