Legal Question in Wills and Trusts in Oregon

My older sisiter and brother are incharge of handling my mothers will. It states that her asserts are to be devided evenly between all four siblings. They are saying that entries in my mothers check book show that she gave me and my younger brother some money over the years and that we are required to pay it back. There are no loan documents just the entry in the check book. Is this legal for tem to do? They are asking me to sign some documents in this manner.


Asked on 12/14/10, 9:40 pm

1 Answer from Attorneys
Robert Harris Harris Law Firm, pc

I've handled two cases like this in the past three years. If they can prove that these were loans, then they are assets of the estate and will be counted as such, and you will be "given" your loans as part of your inheritence.

If they cannot prove they are loans, then they are just as likely gifts which do not need to be paid back, so are NOT assets of the estate and don't have to be counted against you.

You should get an attorney ASAP, since your siblings can decide on their own to include them as assets, with or without your consent, and distribute the assets. If they do that, then your chances of recovery are lessened. If there is a probate filed, it makes it easier for you to contest. If this is a trust, or there is no probate filed in court, then you should act quickly to stop distribuition.

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Answered on 12/20/10, 8:38 am


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