Legal Question in Wills and Trusts in Oregon

Choosing a Personal Representative for Probate

My remaining parent died and there was no will. There are 4 siblings and I want to know how is a personal representative chosen. By the consent of siblings? By the court. Does one sibling have any rights over another. One sibling said a power of atty was given to her. But isn't that only until the death of the parent. Sibling is not trustworthy.


Asked on 12/13/02, 5:29 pm

1 Answer from Attorneys
Bernt Jacobsen Bernt A. Jacobsen, Attorney at Law

Re: Choosing a Personal Representative for Probate

Generally, no one child will have preference with the court. As a result, the first child who initiates the probate and names themselves as the personal representative will in most cases be appointed. I would recommend that you contact me at 503-892-9301 or another Oregon attorney to immediatly prepare the initial probate filings. And yes, the power of attorney is no longer valid after death.

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Answered on 12/13/02, 5:42 pm


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