What to do if when my father died his executor of estate told me that the Will was in probate but that was about 7 months ago?

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What to do if when my father died his executor of estate told me that the Will was in probate but that was about 7 months ago?

About 2 months after my father’s death, the executor got cancer and died just weeks after being diagnosed. Prior to his death, he delegated a person he knew from his church to handle things; for the past several months this person has been taking care of the estate, or at least should be. However, instead he has held my mother and brother’s possessions at the shop on the property. Further, he has not allowed my mom to get the items (threatening to call the cops), using stuff that belongs to the estate for his own uses and now has the federal debt collection agency investigating unpaid debts that were under the estate.

Asked on April 1, 2013 under Estate Planning, Oregon

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

You need to obtain the assistance of probate litigation counsel to obtain your appointment as executor of the estate by petition for probate, or if in probate, to have you appointed to replace the previous executor , to take control of all of the assets for purposes of distribution and to file claims against the person who is informally mismanaging the estate.


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