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I just found out that my father, who lived in oregon, died. My sister and I live in Ct and are from my fathers first marriage. My brother, from my fathers second marriage, did not tell us that my father had died, did not even list us in the obit. When I spoke with my brother he said there was only 15,000.00 in my fathers checking account and 3 old vehicles that my father had owned. My brother just took the money, I have asked him to split the money, but have not received any response. What course of action is open to me?
Already Tried: by the way my brother lives in California.
Hi there. I understand your frustration over this. Your brother doesn't have the right to simply appropriate all our father's assets for himself. What happens to your father's assets is governed by his will, if he had one, or the state's intestacy statute, if he did not. You are entitled to know whether he had a will, and if he did, to see a copy of it. The intestacy statutes are such that they allocate to relatives in groups...so that if one child was entitled to something, all children would be in that same grouping.
I would send your brother a demand letter demanding to know what the facts are and to a full accounting of your father's estate within a specified period of time. Tell him if he doesn't timely respond you will have no choice but to investigate and pursue any and all civil and criminal courses of action available to you.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
There was no will. What civil and criminal courses are open to me? Remember my father lived in oregon and I am in ct, my brother is in california. I already wrote the letter to my brother , no response. What do I do next.
The Oregon intestacy rules would govern. Under those rules, an administrator/executor would have been appointed to administer your father's estate...i.e., collect the assets, pay the debts and distribute the remainder to those who the rules say get them. Under Oregon rules, if the deceased was married with children, the estate would be split 1/2 to the surviving spouse and the other 1/2 split equally among the living children; and if the deceased was not married at death, the estate would be split equally among the living children.
Therefore, you could file a civil suit against your brother for your share of the assets and you could have criminal charges filed against him for the theft of the shares of you and your sister.
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