What can we do in my father in laws will and probate?

Question

My father in law passed away 6 weeks ago. Mother in law survives. She gave the youngest of 6 siblings POA the oldest daughter is executor. The son with POA is emptying the home and selling everything. No one will allow us to even see the will. What can we do?

Ronald Nims · Answer

Since it's your father-in-law, I would advise you not to do anything but your spouse (the deceased's child), should go to the probate court in the county where the deceased lived and apply to be appointed as executor of his estate.  The court will send notices to the deceased's widow and all his children that you have applied as executor, they will have to go to court and the court will sort out the situation and require that they file the will.

Norman Green · Answer

File your own petition for probate and a petition to be appointed special administrator.  Sue if necessary.

Edwin K. Niles · Answer

See a probate lawyer ASAP.

James Weiner · Answer

File a probate matter immediately ask that YOU be appointed the executor of the estate then you have the power to do the right thing.

Brian Haggerty · Answer

If oldest daughter is personal representative (not "executor," that term hasn't been used in Oregon for 30 years) then oldest daughter has the power to handle the estate, and a duty to do so. When she makes her Inventory for the estate, how will she deal with things that have been sold? If probate has been opened, go to the courthouse to see the will; it's in the file. I bet probate hasn't been opened; I bet there never will be one and the will won't matter. All will go to mother-in-law, her son with POA will steal everything, and the rest of you are out. It happens all the time. Hire a lawyer and be prepared to go to war.

Steven Fluhr · Answer

If you are unable to speak with your mother, you will need to file for conservatorship and guardianship of your mother.  It is the only way to challenge what your brother is doing.

Patrick Currin · Answer

POA is valid only during life. The will must be probated by the executor. Son is liable to all beneficiaries and is acting illegally.

Randall Romei · Answer

A POA granted by the spouse of the deceased to her son does not grant the son any authority over the estate.  The POA from the spouse only grants the son authority over the spouse's assets not the assets in the estate.  The spouse may be a primary beneficiary of the estate but cannot take her distribution if the distribution to others is not made at the same time.  A probate could be opened to determine if a will exists or if assets are to be distributed under the rules of descent and distribution.  Under the rules of descent and distribution the spouse would receive and the children of the deceased would receive of the assets in the probate estate.

C. Hamrick · Answer

FOR WEST VIRGINIA ONLY: If the estate is in probate, the Will would be on record at the office of the local clerk of the county commission, where you may get a copy. You may also get a copy of the appraisement of the estate when filed. You need to consult an attorney for the other questions.

Michele Ungvarsky · Answer

Check with an estate planning attorney.  Most states have a provision in the probate law that allows beneficiaries and creditors to demand production of a will.

Victor Waid · Answer

Your husband needs to seek probate litigation counsel immediately, to file a petition into probate court re the father's will,  for an accounting of the executor's, do nothing conduct, a martialing of the assets, have executor removed as executor, to have himself appointed or a third party neutral, and to stop the wasting of estate assets by the POA; your mother in law needs to revoke the POA immediately.

Georges Shers · Answer

Point out to him that his power of attorney does not allow him to sell community property or anything that was the separate property of the deceased. He is personally liable for the fair market value of all items sold. You may need a short letter from a local attorney pointing that out. File for probate and then the person with the Will has to produce it.

Christine James · Answer

If mom has capacity have her revoke the POA. If not, go to court and get a conservator-ship.

Thomas Edward Gates · Answer

The Power of Attorney is no long valid once he is deceased. The daughter must be appointed by the court to have powers to administrate the estate. The will is placed in the court record for all to see. You can also request a hearing before the court to make sure that the terms of the will are being followed.

Jayne Sebby · Answer

The oldest daughter is responsible for filing the will with the probate court at that point it's a public document and you can ask the clerk of court to show it to you. The son's POA can only apply to the mother's possessions. He has no legal authority to distribute or sell the assets of his father's estate. If he is doing this without the express permission of the executor of the estate, file a complaint with the probate court.

James Frederick · Answer

There may be nothing you can do. If the Will is going to be probated, you would be entitled to a copy. The fact that that is apparently not happening suggests that everything may have been jointly held between spouses. If that is the case, it does not matter what the Will says. Beyond that, it is impossible to determine what is going on with your situation. If you are concerned that something may not be handled correctly, then you should consult with a lawyer.

James Oberholtzer · Answer

File a petition with the probate court to probate the estate. Hire an attorney and make a formal demand for the Will.

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