QUESTION

Revocable Trust adherence

Asked on Feb 02nd, 2017 on Wills and Probate - Oregon
More details to this question:
Executor of my father's estate has not followed the ORS Revocable Trust. He has, with intent & malice, used his position to threaten, coerce, abuse of my disability, etc. He's dumping my father's estate.
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1 ANSWER

Maryellen Sullivan
I'm assuming here that a probate court in Oregon appointed the executor of your father's estate.  You can file a petition in that same court to have the executor removed.  You will have to include details of his wrongdoing in your petition and prove it in court if there is a hearing.  He may decide to resign instead.  As an alternative, you could file a petition with the court asking the court to supervise his actions or compel him to take a certain action if your father's Will requires it and he has not done so.   You also mention a trust.  Trusts are administered by trustees.  If this person is the trustee of a trust, he can be removed as well.  First, look at the language in the trust document itself to see if there is a provision about removing a trustee.  If so, take those steps.  If not, you would have to petition the court to remove the trustee.  The procedure is similiar to removing a personal representative - allege wrongdoing, and have proof for a hearing.   Beneficiaries of the estate or trust also may be able to hold the executor or trustee personally responsible for wrongdoing that led to a loss of an inheritance or distribution.  Wrongdoing may be hard to prove, especially if you do not have access to bank records and such.  A lawyer can help with this.    
Answered on Feb 04th, 2017 at 11:14 AM

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