What can I do if the fiduciary/personal representative has become a meth addict and we are at the point of waiting for the judge sign off for the distribution?

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What can I do if the fiduciary/personal representative has become a meth addict and we are at the point of waiting for the judge sign off for the distribution?

Asked on June 16, 2013 under Estate Planning, Oregon

Answers:

Gregory Abbott / Consumer Law Northwest

Answered 8 years ago | Contributor

The important question is whether the current Personal Representative is still minimally competent to administer the estate.  Here, it sounds like you are very close to finalizing the probate process and normally that means that the P.R. has an attorney that is guiding and moving the process along.  If so, and you have no reason to disagree with the proposed distributions and/or the proposed expenses to be charged against the estate in the distribution process, then I would monitor things closely but let them go forward.  If, however, the PR is no longer able to effectively and fairly administer the estate, you may wish to notify the court of the situation and request that a new PR be appointed to finish administering the estate.  If you decide to go this route, you need to talk with an experienced probate attorney asap - there may be time deadlines that you need to meet.  The good news is that most communities here in Oregon have several top notch probate lawyers and/or law firms.  Good luck.


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