Legal Question in Wills and Trusts in Oregon

I assume you mean a right to assert claim against the ESTATE. Not against the state.

Sounds like you're the personal representative on an probate and someone is saying the deceased owed some money. If thats the case, Then the creditor has to make a claim against the estate within four months of publication of notice. That puts the personal representative on notice that if the debt is valid, it must be paid before anone can inherit anything.

Sometimes these debts are larger than the value of the estate. Sometimes, these debts mean assets, like a house, has to be sold to pay the creditor.

If you've attempted to do a probate of a family member without a lawyer, its time to at least consult with a lawyer. If there are assets in the estate, most lawyers will agree to get paid at the time the estate is closed, so you may not have to come up with any out of pocket for attorne fees.

If you want, you can contact our offices by calling 503-648-4777 and asking for a free15 minute interview to see if we can assist you.