Legal Question in Wills and Trusts in Oregon

Your going to want to get an attorney to help you. Your dad and uncle should have probated the estate long ago. Finally, somebody is coming forward to probate the property, so that's not all bad--at least to the court. You can petition to remove the personal representative ("PR"), but you will first want to read the Petition for Appointment of Personal Representative (and ...). In the Petition, the distribution will be presented. Depending upon the county/court, if the distribution is stated wrong, the court will notice the error and now allow the appointment of the PR without having the Petition fixed.

You are correct (absent something different in your last-to-go grandparent's will) that the property will pass 50/50 to your dad and your uncle. That will be the end of the probate for your last-to-go grandparent. You won't have ownership in the property. Your dad's estate will have ownership, 50% if this is all just following the rules of intestate succession.

You will need to probate your dad's estate, in some way. If your grandparent's estate is reduced to money and distributed (50/50) to your dad's estate and your uncle's estate, the actual check that is written to your dad's estate will be to the Estate of Dad. You can't cash this check because you have to open up some type of probate (could be a Small Estate Affidavit if under $75K). That means that you too will get to do a probate.

Disclaimer: This posting is made available for general informational purposes only. There is no attorney client privilege between you and the attorney author. This posting is not a substitute for competent legal advice. Only a licensed attorney that specializes in this area in your home state and with whom you have an attorney client relationship can provide legal advice to you. The law changes frequently and varies from jurisdiction to jurisdiction, and any advice depends on the particular factual circumstances of your case. The information and materials provided are general in nature.

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