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You are here: Home / Probate Forum / Voting Question: I need help with my mom’s will/estate!!!?

Voting Question: I need help with my mom’s will/estate!!!?

March 12, 2012 by Anthony Nitz

My mom passed away on Dec. 6, 2011. She has 4 children to whom she left everything (split evenly, aside from some furniture items, etc. that she left to specific individuals)….myself, two brothers, and our sister. During the last year of her life she made my sister power of attorney to handle medical bills, etc. My sister is also the executor of the will. My mom’s assets are: house in Oregon and adjoining lot (put total value at $310K). Also, a Charles Schwab IRA that has $160k. My sister hired an estate attorney to help with stuff. She has told us that with the way things are now set up, we do NOT have to go to probate, and that all assets will be distributed to her, and she will subsequently distribute our “cut” or our inheritance to us. Aside from her being the Power of Attorney and Executor, she has told my brother that she’s also XXXX, and that she can “do whatever I want”. She has not been too transparent about the whole process. On 1 or 2 occasions she has said that all the paperwork has been filed, and that things should happen “soon”. Then, she will say that she has yet another form that she has to fill out, get notarized, and send back to the lawyers. This seems to just keep dragging on and on, and I’m trying to figure out if she’s on the up-and-up about it. She’s a TOTAL narcissistic control freak, so I can’t tell if it’s just dragging along because she’s doing it at her own convenience and pace, or if there’s something fishy here and she’s up to no good. Additional info that may help…our mom lived in Oregon…we moved her to Virginia (near my sister) on Jan 1, 2011, where she was in hospice the majority of the time until she passed away, so she resided in VA for almost the last year of her life. Not sure if Oregon law or Virginia law would apply to all of this. I’m thinking Oregon law (?).
As far as the LAW is concerned, does this sound right? I know there’s probably a lot more that goes on than I realize in this whole process, so maybe she IS getting stuff done honestly and as quick as possible. I’m hoping that’s the case, but, can’t help but wonder. God forbid she’s trying to screw us, but if she is, is there legal recourse we (myself and my brothers) can take??? PLEASE HELP!!!

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