Legal Question in Wills and Trusts in Oregon

length of time for distribution

Father-in-law passed away in Sept. 02. Probate filed October '02. Fast forward to 14 months later...We've been notified only by phone call from lawyer that proceedings for distribution is being held up by the State of Oregon regarding delinquent state taxes owed by the estate?? Shouldn't this have come up during the 4-5 month probate period? We have received NO legal documents regarding this inquiry and my husband is Executor and Co-Representative. Why is this taking so long?? Should we be questioning the ethics of the attorney??


Asked on 10/23/03, 7:12 pm

1 Answer from Attorneys
Susan Burns Law Office of Susan Ford Burns

Re: length of time for distribution

If your husband is one of the personal representatives, then the attorney is representing him. He certainly has the right to have all information from the attorney regarding the state of Oregon's tax claims. He should ask the attorney for a greater explaination about the tax issues, including copies of any correspondence between the attorney and the state.

The tax claim may have originally come up during the initial claims period, but often such issues often cannot be resolved during that short time period. The 4 month time period you reference is the time for creditors to file their claims, not the time for them to be completely resolved.

There is no way to know why things are taking so long without further answers from the attorney. As an executor for the estate, your husband is entitled to these answers.

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Answered on 10/23/03, 9:46 pm


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