Probate Court Family Dispute

Summary

Alicia, from Oregon, is in a family dispute over her grandfathers estate. She claims she was excluded from probate proceedings despite having paperwork that names her as the executor. She has an unfinished will but its unsigned, making it invalid in Oregon. She has tried to seek legal help but has been unsuccessful. She also alleges corruption in her towns judicial system and police force. She has evidence of police misconduct but fears retaliation. She was advised to report the misconduct to the Oregon Department of Justice or the FBI, and to seek help from non-profit organizations. She also faces housing issues due to the foreclosure of her grandfathers house and has been advised to seek help from local shelters or social services.

Full Conversation

Family stabbed me in the back and did probate court over my grandfather’s estate without me due to me having paperwork that puts me as executor of estate, next of kin, etc. They know I am unable to afford an attorney and I don’t know what’s happening.
What state are you in, ****? This will help me provide the most accurate information regarding probate court rules in your location.
Oregon
What is the current status of the probate proceedings?

In Oregon, the executor of an estate has certain rights and responsibilities, including the right to be notified of probate proceedings.
I’m not sure I was never included they lied to the court about not being able to contact me
Did you receive any formal notice about the probate proceedings?

In Oregon:
- Executors have the right to be notified about probate proceedings.
- If not notified, they can contest the proceedings.
- Marion County Circuit Court: *-*-*.
No they excluded me from the entire thing and someone else was appointed executor
Did you have any written agreement or document that states you as the executor of the estate? In Oregon, if you have such a document, you can contest the appointment of the other executor.
I have an unfinished will
In Oregon, an unfinished will may still be valid if it meets certain requirements. Do you know if the will was signed and witnessed?
No
In Oregon, for a will to be valid, it must be signed by the testator and witnessed by two individuals.
i just said it was unfinished
In Oregon, even an unfinished will can be valid if it's signed by the testator and witnessed by two individuals. Did your grandfather sign the will?
I do have paperwork through the government that states me as next of kin over his son my father
Does this paperwork specifically state that you are the executor of your grandfather's estate? In Oregon, being next of kin doesn't automatically make you the executor.
No just the unfinished will. I’m not sure if he had one finished and that’s another reason for them being sneaky and underhanded
Did your grandfather sign the unfinished will? In Oregon, a will can be considered valid if it's signed by the testator, even if it's not complete.
no
In Oregon, a will must be signed by the testator to be valid. Without his signature, the unfinished will may not be considered legally binding.
i just need an attorney so that I can find out what’s happening in the court proceedings as I am an heir as well
Have you considered reaching out to legal aid services in Oregon for assistance? They can provide free or low-cost legal help.

Oregon Law Center: *-*-*.
I have been trying for a lil over a year for probono help
Have you tried contacting the Oregon State Bar's Modest Means Program? They connect people with lawyers offering reduced rates. Their number is *-*-*.
yes
What was the response from the Oregon State Bar's Modest Means Program?
there are no attorneys available to help in my matter and told good luck
I'm sorry to hear about your situation. Have you tried reaching out to local law schools? They often have legal clinics that provide free or low-cost services.
There aren’t any near me
Have you considered online legal services or remote consultations with attorneys? They can provide assistance even if there are no local options available.
I have tried so many different options and keep hitting a brick wall. August is when the probate comes to a close and I am not giving up
I understand your frustration, ****. Have you tried contacting the court directly to inquire about the probate proceedings?
Yes, and the probate curator told me to get an attorney and chuckled
I'm sorry to hear about your situation. Have you considered filing a complaint against the probate curator for unprofessional conduct? In Oregon, you can report such behavior to the Oregon Judicial Department.
no the entire judicial system in my town, as well as the majority of the police force in my town need to be under investigation
What specific incidents or behaviors have led you to believe that the judicial system and police force in your town need to be under investigation?
they are unprofessional they believe that just because they sit where they’re at in their careers and in law that they can do whatever they want whenever they want. Unlawfully detaining people searching them planting drugs on their person. I’ve heard that some of the people in the courthouse take bribes, this whole town has been corrupt since I can remember like way corrupt
Have you considered reporting these allegations to the Oregon Department of Justice or the Federal Bureau of Investigation for investigation?
The FBI has came to investigate in this town quite a few times and things just get weird from there. I don’t know how to put it into words.
Can you provide any specific instances or evidence of the alleged misconduct? This could be crucial in any potential investigation.
there is a video on Facebook of one of the officers who is a detective now, but he was searching somebody’s van, not knowing that he was on a surveillance camera, and he was planting drugs in the persons van
Do you have access to this video or know who posted it? This could be crucial evidence if you decide to report this incident.
it wouldn’t be hard for me to find it again
That's great. Having such evidence can be crucial. Have you considered reporting this incident to the Oregon Department of Justice or the Federal Bureau of Investigation?
I also have text messages between me, and one of the officers after my grandfather had passed away, because I found him with a gunshot wound to the head, and the officer was staring me in the wrong direction, telling me that the investigator on this case was a completely different officer than who the investigator really was I let them know that my father had taken my grandfathers pistols from the house the next day after my grandpa died, and my father is a felon, and they did absolutely nothing about him having those guns just let me the wrong direction
Did you report your father's possession of firearms to the police, given his status as a felon? In Oregon, it's illegal for a felon to possess a firearm.
Yes, and I have text messages showing that I let an officer know, and the officer did nothing about it
In Oregon, it's illegal for a felon to possess firearms. If law enforcement fails to act, you can report this to the Oregon Department of Justice or the FBI.
That’s what I’m saying the police get away with everything in this town because if you don’t cooperate with them and you stand up for yourself or for what you believe is right, you’re gonna be forever on the radar
Have you considered filing a complaint with the Oregon Department of Justice's Civil Rights Division about the police misconduct?
I would need to be in witness protection, if I ever did anything like that. There have been so many murders in this town, that the cops that were a nuisance to them, and set them up to look like suicide.
Have you considered reaching out to the FBI's Witness Protection Program for assistance? They provide protection for witnesses who are in danger due to their testimony.
no because I’m too scared to stand up to these guys
I understand your fear, ****. It's important to remember that you have rights. Have you considered seeking help from a non-profit organization that assists victims of corruption and abuse of power?
no
Have you considered reaching out to organizations like the American Civil Liberties Union (ACLU) of Oregon? They may be able to provide assistance or resources.
klamath falls oregon needs to be investigated and I am to afraid to open it up
I understand your fear, ****. Would you like me to provide you with the contact information for the Oregon Department of Justice or the FBI to report these allegations?
with how far the arms in this town reach I would be one more “ suicide”
I understand your fear, ****. It's important to protect yourself. Have you considered moving to a safer location while this matter is being resolved?
I don’t have anywhere to go I don’t have any people trustworthy anymore and due to what my family has done going against me I have very little financial resources
I'm sorry to hear about your situation, ****. Have you considered reaching out to local shelters or social services for assistance with housing?
I can’t go to a shelter with my dogs and I won’t abandon them they are all I have. My grandpas house was just foreclosed on so I have 28 days left in the house right now
I'm sorry to hear about your situation, ****. Have you looked into pet-friendly shelters or organizations that can help with temporary pet fostering while you secure housing?
there isn’t anything like that here
I'm sorry to hear that, ****. Have you considered reaching out to national organizations that might be able to assist with pet-friendly housing options or temporary pet fostering?
i don’t know of any if there is anything like that
Have you tried contacting organizations like the Humane Society or RedRover? They might be able to provide assistance or resources for pet-friendly housing or temporary pet fostering.
The humane society isn’t of any help due to my dogs being bully breeds and I haven’t tried red rover
I'm sorry to hear about your situation with your dogs. Have you considered reaching out to breed-specific rescue organizations that might be able to assist with temporary fostering?
Nothing like that near me
I'm sorry to hear that, ****. Have you considered reaching out to national breed-specific rescue organizations? They might be able to provide assistance even if they're not local.
no I haven’t I’m not worried about that part to much I can live in my grandpa’s car with them. I’m more worried about what is being stolen from my grandpa’s estate and the sneaky way my brother and father have done things. And how the police are not doing their jobs.
Have you considered reporting the theft from your grandfather's estate to the Oregon Department of Justice or the FBI?
I can’t report what I don’t know. I need an attorney that can help me and I haven’t been able to find anybody to help me. My name was a joint account holder on my grandfathers bank account. He had an IRA that was attached to the bank account that my name is on, when I went to the bank to close his account down, the lady very rudely gave me an attitude and told me there was no money in the account and I didn’t know about the IRA yet and asked me if I had any paperwork from probate, stating that I was the executor of estate but my name was joint account holder so I didn’t need any paperwork except to prove who I was. I just recently found the paperwork about the IRA.
Did you manage to close the account or access the IRA after finding the paperwork? In Oregon, joint account holders generally have rights to the account.
I successfully closed the account, but they had already given the money in the account to somebody else
Who did the bank give the money to? In Oregon, banks are required to follow certain procedures when releasing funds from a deceased person's account.
my father, because he became the executor of a state when they lied and said they couldn’t contact me, and just completely wrote me out of everything
Did you inform the bank about your status as a joint account holder and your rights to the account before they transferred the funds to your father?
I didn’t know about the IRA yet when I closed to the countdown
Did you inform the bank about your status as a joint account holder when you closed the account, even though you didn't know about the IRA at that time?
I’m sorry my phone is acting wonky. I didn’t know that they had gone through probate without me yet when I closed his bank account down either.
Did the bank provide any explanation or documentation when they transferred the funds to your father? In Oregon, banks are required to follow certain procedures when releasing funds from a deceased person's account.
I didn’t know about any of this until recently, and the way that the lady was acting when I close the account down last year i’m gonna need an attorney
I understand your concern, ****. Have you tried reaching out to the Oregon State Bar's Lawyer Referral Service for assistance in finding an attorney?
yes I did. And had no luck. I called attorneys in my town that said that they did pro bono work, but when I explained the situation to them, they told me that they didn’t do pro bono work. When I know, for a fact that attorneys have to do a certain amount of hours per month pro bono.
I understand your frustration. Have you tried reaching out to the Legal Aid Services of Oregon? They might be able to assist you. Their number is *-*-*.
yes, that is why I find myself texting you
I'm sorry to hear about your situation, ****. Have you considered reaching out to the Oregon State Bar's Client Assistance Office to report the attorneys who refused to provide pro bono services?
no, I didn’t know that I could do that
You can report such issues to the Oregon State Bar's Client Assistance Office. Their contact number is *-*-*.
thank you I appreciate the information that you have given me
You're welcome, ****. If you need further assistance, don't hesitate to reach out. Stay strong and take care.
thank you again out of all of this I have found that I am a lot stronger than I thought and I’m very resilient
I'm glad to hear that, ****. Remember, you can always reach out to the Oregon State Bar's Client Assistance Office at *-*-* for further help. Stay strong!