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I am an heir in an estate that is being probated in Oregon…

I am an heir in...
I am an heir in an estate that is being probated in Oregon under the laws for intestate. My question is regarding what my options are to deal with an attorney and personal representative that are not providing appropriate notice to the heirs and beneficiaries and have been concealing information heirs have a right to know. A short time ago we had a hearing on an objection I had filed for payment of attorney fees. I had some issues with some of the services provided. As it turned out the attorney did not notice the heirs in his request for fees. (I got the notice directly from the court and not through the mail.) Once this was pointed out to the judge, he put the kibosh on payment and reset the hearing for next week. The next day the attorney filed a certificate of service with the court using what should have been the original dates of mailing and time for objection. This was a false statement as he had never noticed the heirs during this time period he stated in his filing. A couple of days later I visited one of the other heirs and asked him if he got an itemized bill for the attorney’s legal services. He said he had not. He did ,however, get an email from the personal representative three days after the bogus certificate of service filing informing him that there was to be a payment for legal fees. The amount was different than what he had filed with the court. While I was visiting this heir he showed me another email from another heir emailing back to the personal representative and asking for an itemized bill. As I understand it, no one has received an itemized bill. What I’m considering doing is to file a declaration with the court about what I witnessed with my meeting with this heir regarding his not getting the itemized bill either. In addition to the declaration sending the managing partner of the law firm a letter regarding this incident. What do you think of this approach? How will the judge and managing partner respond? Anything else I should consider doing? This attorney and personal representative don’t seem to have any reverence for the statements they make to the court or the heirs. Thank you for your response.
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Answered in 5 minutes by:
12/20/2017
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 45,258
Experience: Texas lawyer for 30 years in Estate law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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I think all of you should write the judge and make written statements about the problems.You can ask that the PR be removed here, it sounds like there is self dealing.You need to make sure as many heirs as possible appear so they can testify and set out their concerns.I understand the heirs may be spread out but unless you get your own lawyer you need them there to show unity and need for some actions by the judge. You have legitimate concerns.

You also have right here to file lawyer complaint with the state bar.

File here also other heirs can join in as well.

http://www.osbar.org/secured/cao_attorneycomplaints.asp

And honestly you might consider your own lawyer here to represent you personally and the other heirs that want to join you .

I appreciate the chance to help you and wish you the best here.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 2 months ago
Just a follow up question. The heirs are not speaking to one another and it may be difficult to get them to participate. One of the heirs is a client of the PR and as such will not want to do anything against her or the probate. Is the declaration from one enough? Any way to bolster the assertion I am making without other heirs?

Make sure in court you demand an itemized bill an d sufficient time to review it.Thats fair.

The declaration will work if they come to court and authenticate it.If they don't come then its hearsay.So critical to get your folks there if you can.I understand its tough with family.File the lawyer complaint it cannot hurt.

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