Dormansville, NY Estate Planning Law Firms & Lawyers

You can forget about the notarized letter as it is not legally sufficient to act as a Will. However, according to the facts you set forth your Mother's children would be entitled to half.

His status as agent under a power of attorney died with your mother. Someone will need to be appointed personal representative in order to sell her house. Once someone petitions for probate and to be named personal representative, the will will be in the court's file for anyone to see. IMHO there is no reason for secrecy in handling the estate of a deceased person. Everything should happen in the sunshine, according to Oregon law and your Mom's will, and in that way everyone gets what your Mom wanted them to have and the whole family can stay friends.

The personal representative, upon appointment by the court, is to take possession of all of the property of the estate. He is to keep the property safe and secure, so, yes, changing the locks is probably unnecessary but it's not wrong. He should have given you notice of the beginning of probate, and 60 days after appointment should give you an Inventory of the assets of the estate. A year later he will owe you an account of what has happened to those assets. Giving Dad's medicines to family members may be illegal, is certainly irresponsible. The personal representative has primarily responsibility, rather than rights. He is a fiduciary for your Dad's creditors, and the devise's named in the will.