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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6760
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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A year ago my uncle died in Oregon, naming me in his Will as

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A year ago my uncle died in Oregon, naming me in his Will as his sole heir.
He also named his lawyer as his chosen executor. I met this man (after my uncle's funeral ) last April at his office in Portland and agreed verbally that he should handle the probate process. In September I agreed in writing to him acting on my behalf and gathering my uncle's assets.

In January this year I received a letter from an insurance company asking me for copies of my uncle & aunt's Wills, death certificates etc.. which they needed to pay out on my uncle's insurance policy. Naturally I referred them to the Oregon lawyer (who has all the paperwork) and wrote to him accordingly.

He simply did not do anything, despite many requests on my part.
When I eventually wrote a very stiff letter (sent it registered) two weeks ago he sent a reply saying that things weren't progressing because he had had personal problems and taken on too much work and was thinking he might have to get an assistant. Also, maybe he could get $3,000 or so released immediately if that would help?

My uncle's estate is worth in the region of $900,000.
This man had my letter in September authorizing him to act on my behalf and he has done
precisely NOTHING.
This is a life-changing sum of money. I live in England. What do I do about someone on the other side of the world who is supposed to be acting on my behalf and simply...isn't?

Hello and thanks for selecting Pearl. com - Just Answer. I am sorry to hear that you are having such problems. You should not have to nag an attorney to get the necessary probate work done. After a year, the estate should be almost ready to be closed, barring any unusual problems. It's possible that he is not up to the task. The fact that he thinks that he can get $3,000 out of a $900k released (to you?) after a year is very troubling. Since he was appointed Executor by the will, I presume that he has been appointed as such by the Probate Court, and can only be removed by the Judge. This would require filing a formal petition to the court and I suggest hiring another attorney to do exactly that. I suggest that you contact another probate attorney in the Oregon county where the estate is being administered to look into the matter by contacting this fellow and reviewing the status of the estate administration. You can then decide whether to petition to remove this executor or to simply assist and oversee the estate administration. Martindale has lawyer listings and reviews for every city in the country. Just enter a search for: Martindale probate attorneys (city) Oregon.

I hope this information is helpful and that you will enter a positive rating. I thank you for submitting your question to Pearl-Just Answer. We appreciate your business. If you need clarification or additional information, please send me a Reply and I will be happy to explain further.

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