QUESTION

How do I get my dad’s stuff out before it is all sold out?

Asked on Mar 14th, 2015 on Estate Planning - Oregon
More details to this question:
My father passed away on the 4th of July2014. He lived on his grandparent’s homestead. After he passed, I was allowed to get his belongings out of the motorhome he lived in but that’s it. He had a big barn full of all his stuff. My uncle has been selling all of it. Some things worth considerable amount of money.
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2 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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Did your Dad have a Will when he died? If so, who was named in the Will as the Executor of his estate? If so, the testator should have filed a probate case with the local court and carries out the provisions of the will as to who got what after all the bills, medical expenses and taxes were paid. Whether or not your Dad had a will, your uncle probably does not have authority to sell his stuff and put the money in his own pocket. You should contact a local probate lawyer and get him or her on the case ASAP.
Answered on Mar 17th, 2015 at 3:33 PM

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Michael Sterner
The answer depends on whether your father died with a will. If he had a will, to whom did he give his possessions? If he died without a will, his property would pass by the state law of intestate succession. If he was married at the time, the property may pass to his spouse; otherwise to his children equally. Once one determines who is the heir or beneficiary of his estate, one can consider steps to obtain the property or the proceeds of sale of the property. It may also be relevant to know who owned the homestead prior to his death. An attorney would need to know more details before offering advice on this matter.
Answered on Mar 17th, 2015 at 3:18 PM

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