Legal Question in Wills and Trusts in Oregon
removal of administrator (representative)
My brother has been appointed representative of my late Mother's estate in Oregon; we are also in probate in California. He basically misled me in order to have me sign the appointment, and has withheld information from me on a regular basis. Further, he has not included a number of valuables (e.g., jewelry) in the inventory. What constitutes misconduct as grounds for removal?
1 Answer from Attorneys
Re: removal of administrator (representative)
I do not understand why there would be a probate in two different states. Doing so could result in entirely different and inconsistant determiniations. The decision of where the matter is to be probated is based upon the residence of the deceased and not the location of the assets, although you might need to get a sister state judgment to enforce any Order You need to determine which state should be handling the Will; if it is Oregon, then you will likely need an attorney there to repreent you. Judges have a large amount of decretion in deciding whether they will appoint and remove an administrator; if you can show your brother has mislead the court as to substantial matters and your agreeing to him before was based upon misleading information from him, you might be able to get the judge to remove him.
Since probate matters are so personal, you also need to speak to a neutral third party whom you trust and who will give you an honest answer as to whether you do have a legitimate grievance or not.