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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 6777
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My children's mother was one of 5 siblings receiving an

Customer Question

My children's mother was one of 5 siblings receiving an inheritance from their deceased mother. My children's mother died before the estate of her mother (children's grandmother) was closed, while property was still being disposed and disbursements made.
Question: Do my children (all over 21) have the right to demand a full accounting from the executor of their grandmothers estate? We have received copies of paperwork filed with the court(not requested through the executor) but they appear incomplete. If they can receive an accounting of the estate from the executor please reference the probate code this would fall under.
Submitted: 7 months ago.
Category: Estate Law
Customer: replied 7 months ago.
Probate was in Oregon
Expert:  Irwin Law replied 7 months ago.

After completion of the foregoing steps, the personal representative files a final account with the court. ORS 116.083(3). Any beneficiary of the estate may file objections to the final accounting and ask for clarification of the account. If grandmother's estate was of the an unsupervised type of estate, i.e. where all heirs had agreed to an informal type of administration, sub paragraphs (4) and (5) would apply.

I hope that this information is helpful and that you will enter a positive rating for it so that I will receive credit for assisting you.

Expert:  Irwin Law replied 7 months ago.

Also, see ORS 116.093 Regarding notice of the accounting and objections procedure.

Customer: replied 7 months ago.
Not satisfied. ORS 116.083(3) does not answer my question. So let me rephrase:
Grandmother Died
Grandmother had 5 (Direct children) heirs in a written will with the executor being one of the heirs.
One of the 5 heirs was my children's mother, the deceased my children's Grandmother.
The will was probated and has taken years to sell assets, Real Property.
Seven years ago my children's mother died while the estate was still being executed.
Children in January 2016 received checks for a home being sold. Checks were addressed directly to them by name.
Children had several years ago also received small sums of money, always addressed to them by name.
No check ever came as "For the estate of...", their mother.
My question, the grand children that received the checks are NOT named in their Grandmothers will, (their mother is) but the executor has sent checks to them from the estate in their names. What ORS, or precedent in Oregon law states that these children have ANY right to question the executor and ask for an accounting of the executor actions.
Expert:  Irwin Law replied 7 months ago.

Your children's mother is also deceased, but she survived grandmother. Thus, her children will be dividing her share. You haven't told me what language in grandmother's will created the bequest to her children. If grandmothers will provided that it be divided among her children, and then also specified that if any of her children should die that their share shall pass to their child or children per stirpes (usually), then the children became errors directly rather than their mothers estate. The statue which requires the accounting to be filed with the court with copies to the heirs would apply to the children. And a direct beneficiary of an estate or trust has the right to question the executo or trustee concerning their actions. The children would have the same right as their deceased mother would've had and she lived until the distribution of the estate. This is taken directly from ORS 116.093 which I cited in my answer and it is very clear on exactly the question you have posted here:

(1)Upon filing the final account and petition for a judgment of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof. Not less than 20 days before the time fixed in the notice, the personal representative shall cause a copy of the notice to be mailed to:

(a)Each heir at the last-known address of the heir, if the decedent died intestate.

(b)Each devisee at the last-known address of the devisee, if the decedent died testate.

(c)Each creditor who has not received payment in full and whose claim has not otherwise been barred.

(d)Any other person known to the personal representative to have or to claim an interest in the estate being distributed.

Expert:  Irwin Law replied 7 months ago.

then the children became errors directly...

Should read: then the children became heirs directly...

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