Legal Question in Wills and Trusts in Oregon

Re: What should we do to get the executor to initiate probate?

Initiate probate yourself. The will may even be valid. When a will names an executor is simply a nomination from the grave. An executor is appointed by the probate court in view of all of the circumstances. Your argument is that since you brother has not acted in 4 years, he is a bad choice and that you would be a better one. Then the validity of the will can be determined and your dad's estate distributed. The process, itself, takes a year or more.

Re: What should we do to get the executor to initiate probate?

One thing you should be aware of is that not every asset that your dad owns is a probate asset. If your dad held a joint bank account with your brother, or listed beneficiaries in his bank account or other (Paid on Death) stock or mutual fund account, those accounts are not part of the probate estate. He could immediately withdraw money from these accounts since they are not controlled by the will.

Re: What should we do to get the executor to initiate probate?

If your brother has the will, then cite him to appear with the document so it can be used to open probate. Since he refused to act, the successor executor should act. If that's not you and s/he refuses to act, then ask the court to appoint you. If the will is missing, then open probate through intestate. Once you are appointed, you'll have the authority to collect the assets.

Re: What should we do to get the executor to initiate probate?

You should consult an Oregon attorney and gather as much information as you can regarding probate and non-probate assets. However, the mutual funds and savings bonds might have had beneficiaries listed. If you believe that your father intended to leave you something, then you need to act quickly.