Legal Question in Wills and Trusts in Oregon

what happens when an excutor of a estate starts giving things away before the benificiaries are notified


Asked on 11/02/09, 10:46 pm

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Assuming the executor has been appointed by the probate court, the executor will be required to file an "Final Accounting" with the court (with copies to all heirs and beneficiaries) detail all estate property and money that came into the possesson and control of the executor, money paid out, and other details as to what has occurred, accounting for all the remains, submitting a plan for distribution of remaining assets, etc. If the executor has acted without court authority, the executor is going to held personally liable and may end up in big trouble with the court. Not a wise thing to do. And if in the course of estate administration the executor is really abusing his/her authority, any adversely affected beneficiary may file a motion with the court reporting the improper conduct and asking that the executor be removed and replaced with somebody else.

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Answered on 11/08/09, 1:00 am


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