Legal Question in Wills and Trusts in Washington
Adult child's estate
Is a Washington resident bound by Oregon estate law statutes to turn over personal property to noncustodial parent (an Oregon resident) of a deceased adult child who died in the state of Oregon as a freshman Oregon resident, if the noncustodial parent had only court ordered supervised visits two days out of the month since childs infancy?
1 Answer from Attorneys
Re: Adult child's estate
This raises several issues, and ultimately it is probably an issue of OR law. Specifically, your best remedy is to involve yourself in the OR probate action, claiming the non-custodial parent (whom I presume has been appointed administrator of the estate in the likely absence of a will) is not the appropriate person to do the job. The OR court might feel that you should be the admistrator. (There is a probate, isn't there? Because if there is no probate, the other parent probably has no legal right just to get the personal property.)
If there is an OR order, and you in WA choose not to obey it, the administrator of the OR probate could probably go to court in WA to force your compliance. The full faith and credit clause of the US Constutition would suggest you have to comply at that time, but there might be some legal wrangling that could protect you. The extent of your efforts would depend on the nature and value of the property.
It looks like you will need an OR lawyer.