Legal Question in Wills and Trusts in Oregon
My father put up bail money $5,500.00 for my grand daughter, her was waiting for the return of the amount after they took their % as she had completed the thing she was to do and her final court date was comming up in 6 weeks, He started feeling ill and thought it was effects of the chem & radiation he had just completed, but he had pneumona, he went to the hosp. but his lungs were not able to recover and he passed away. His med. treetmemnts were for lung cancer. The court in Multnomah county, state of Oregon now wants me to fill out an affidavit requiring every detail to be accounted for and I would have to turn it in to human recorsed and some other dept. and when all is done with the estate I am to take the information back to file it with the court. My father had a will and I am named as the personal rep. I had sent them his orig. death cert. that state my name and address on it, and that I am his daughter. I also sent the POA showing I was incharge of everything. I thought thats why people made sure their will was made out, so that the family would not have to go through all this red tape and have to let strangers know our personal little details?? I don't think it's their bussiness to know who got my father's underware or anything else. Their form They expect me to fill out and comply with is that detailed, just to get my fathers money returned to his estate/family. I was a joint owner on the acct. he took the money out of to put this bail up. My father had nothing worth anything, except as a keepsake to his children, it was mostly give away or through away stuff, and his home was reversed mortgaged, if all goes well with the pending sale we will not do much over breaking even. The lawyer where my dad went to have his will done has died, and we need an orig. copy of the will as all of us seem to have a copy and no orig. to be around, either it has been lost miss placed or it my have been given out thinking it was a copy. Apparently ih one of the ladies at the lawers office can find a copy on the computer, they stated it would not be signed. I live 300 miles away and can not run up there everyother day because each place wants something different, what one will take the other people won't except. How many orig. do these people think you have. So is the court now going to keep our money because of a lost orig. copyof the will??All the other paper work follows right will the will we have, right down to the deathe cert. ID-ing me, and they know it's on the up & up. And I don't feel we should have to go through a big mess like probate, all the stuff their affedavit tells me I have to do. Non of the family is complaining about the will or trying to claim it's not real. It is 4 of us=share and share alike.... Do I have to legally do this, or they keep our money?? To me that ius out & out steeling. I have been in touch with them letting them know we were counting on that money to pay the ins. on his house and taxes so to stop the forclosure Wells Fargo says they would start on April 28th. Not keeping trhe ins. and taxes current caused the loan to be in default. If they would have sent it the day they were gong to we would have just made it on time for the banks deadline, but after the judge approve the return to me, accounting haulted sending it out because they want the orig. will and we to have to reg. with the court and all that other turning it in to other departments then back to the court will it's all complete....How come the judge can approve this to be returned to me, from viewing what I had sent to him, and accounting stop the judges approval ???
1 Answer from Attorneys
It sounds like you will have to hire an attorney to probate your father's estate.
If you do not and he has outstanding creditors, they can intiate a probate to ensure they are paid.
If the creditors do not initiate a probate, any funds belonging to your father will most likely be sent to the Department of State Lands.
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