Legal Question in Wills and Trusts in Oregon

My mother passed away 11 years ago and left my stepfather as executor of her estate, and myself, as alternate. In her will she gave him "permission" to retain her condo until he reaches 80 or until he ceases to uses it as his primary residence, whichever occurs first. After that time, the condo would be distributed to myself free of trust.There is 3.5 years before he would have reached 80. The twist is: he has been missing for approximately 3 months (I just found out last week). Police are saying it is a homicide and are presuming him to be deceased. My stepfather's brother is his power of attorney and has all the keys to the condo--he has been paying the homeowner's dues, taxes, utilities, etc. I have tried to contact him to no success--he's simply avoiding me. I did get in contact with his younger brother--he's claiming that the condo belongs to my stepfather since he did all the upkeeping, etc. I mailed him a copy of my mother's will and quit claim deed. If I still do not hear back from him do I have the right to simply take ownership -- change locks, etc? I did see the attorney who wrote my mother's will and he advised me to try to work things out with my stepfather's brother--what if he doesn't cooperate?

Asked on 6/02/11, 4:18 pm

Bonnie Popia Proctor & Popia, LLC

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It depends on the language of the will and quitclaim deed.

He might have a life estate with remainder to you.

If so, you will need to record a death certificate with the county.

I would need more information to assist you, though.

Answered on 6/02/11, 4:54 pm

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