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In Oregon, my grandfather just passed away. He wanted to be

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buried. The executor of his...
In Oregon, my grandfather just passed away. He wanted to be buried. The executor of his estate (deceased wife's daughter) would like to cremate him due to costs, or have my mother pay for the funeral expense. Does my mother (his daughter) have any recourse?
Does it matter if his estate has liquid banking accounts to pay for this? (Unknown at this time)
Submitted: 1 year ago.Category: Estate Law
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Answered in 2 minutes by:
4/13/2016
Estate Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38,712
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..Did his will state anything about his wishes?.Does it give the executor the power to make any final arrangement decisions?..thanksBarrister
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Customer reply replied 1 year ago
Hi Barrister, I do not have a copy of the will since he passed 12 hours ago.Knowing him I could make the following assumptions for the direction we should take.1) The will either gives no direction about his wishes, or directs that he wishes to be buried.2) The executor has no special arraignment decisions.Sorry for the lack of specifics, but I think that's the only 2 possibilities. (No direction/direction to be buried).
Estate Lawyer: Barrister, Attorney replied 1 year ago
Ok, if he made a decision in his will, then that controls and the executor would have a legal duty to follow his wishes..If the will is silent, then unless it directs the executor to decide, then it would fall to the nearest blood related family member to make the decision. So if the spouse is deceased then that decision would fall to the children to make. But any final arrangements are paid out of the estate assets first as its highest priority debt...So if the executor hasn't been formally appointed by a probate court judge, which wouldn't have happened this soon, it is the family that makes the decision, not the executor. The executor only gains power when they are formally appointed by a probate court judge after filing a petition to open a probate case to settle the estate..Bot***** *****ne is that daugher has priority over everyone else if there are no other children and his spouse is deceased...thanksBarrister
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Customer reply replied 1 year ago
Okay, thank you!It sounds like I should try and get a copy of the will. I will call the county recorder in the morning.Last question:If my mother made this decision for burial (the other 2 children are legally mentally handicapped), would she have to pay for it initially, then be reimbursed by the estate (providing there is adequate funds)?
Estate Lawyer: Barrister, Attorney replied 1 year ago
Yes, but it isn't filed anywhere until the executor files a probate case to settle the estate. So if you wanted to see it, you would have to contact the executor to see if she has a copy of it and see if it has any burial preference..If my mother made this decision for burial (the other 2 children are legally mentally handicapped), would she have to pay for it initially, then be reimbursed by the estate (providing there is adequate funds)?.Yes, if there are not available assets from the estate, then she would pay up front and then she would submit a "Creditor claim" to the executor and they would have to reimburse her out of estate assets before any other debts were paid...thanksBarrister
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Customer reply replied 1 year ago
Thanks again Barrister, I will contact the executor tomorrow and hopefully she will voluntarily give me a copy of his will.
Estate Lawyer: Barrister, Attorney replied 1 year ago
You are very welcome. Glad to help any time...If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me...thanks muchBarrister
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Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38,712
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Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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