My mother passed away about 3 months ago and left her estate to my brother and me. I am the executor of her estate and my brother is schizophrenic. Unfortunately my mother left nothing for her expenses, her house is underwater and I have paid for everything. At this point, I am hoping to recoup at least some of my expenditures in the upcoming estate sale. My problem is that I have an aunt, Momโs sister, who has property of my motherโs but does not feel like she โowesโ the estate anything. Some property my mom loaned her other property the aunt took when helping clean out the estate and said she would pay me for, but has not yet. Unfortunately although I know Mom kept some records of what she took to the cabin itโs not all recorded and this aunt does not want me to go to the cabin and has politely kept me away. This aunt financially helped my mother when she was alive but there was never any formal or informal agreement that she would be paid back or given any of these possessions. In short I am financially strained by my motherโs estate, my aunt (who owns a multimillion dollar company) wonโt give me what is owed the estate and is just ignoring my requests. I really need them back before the upcoming estate sale but have not heard back from the aunt. Any suggestions would be greatly appreciated.
You probably need to go to court and file a recovery action in the probate matter. I urge you to seek legal counsel about your options, steps and costs to proceed. Best of luck to you. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship.
If you are having an estate sale, you must have been appointed the personal representative in a probate proceeding. You can use your authority as personal representative to compel the return of the property. If she refuses, you can go to the probate court and get a court order from the judge.
Petition the probate court to require your aunt to provide a list of the items of your mother's that she is in possession of and then to turn them over to you as executor. As executor you are near the top of the priority list of creditors that the estate must pay.
As personal representative (you use the term "executor," which is no longer used in Oregon; my answer applies to Oregon) you may demand the return of property of the estate. You will have to prove what property your aunt has that needs to be returned.
As you are the executor of the estate you have a legal and fiduciary duty to recover the property. If that is difficult have the estate hire an attorney who you can use to take the heat caused by bringing your aunt into line.
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