My mom died 12/20/07. She died in my home while I was giving her a sponge bath. She had prepared a Will, with attorney, 10/06/06, naming myself as her Personal Representative, 2nd choice was my husband. 08/14/07 my sister found mom's will and was moving out unless she had it changed. My mom had raised my daughter's two living sons so had my sister's 1/3 split with them, 1/3 to my brother, 1/3 to me in regards to profits from sale of the home. (lots of background - sister ex junkie). Attorney required that I bring mom into his office before he would change it. When I arrived at mom's house, ended up with my sister's hands around my throat screaming she was going to kill me. Police were called, I took mom to attorney. she admitted to attorney she did not want to make the change they spoke of over the phone, i.e. removing her 2 grandsons from the Will. She changed her Will making her grandson (sister's son) in 2nd place saying it didn't matter, I had to live longer then her.
Grandson, my nephew, after being told the date I made an appointment with an attorney to file the will in probate, made an appointment with an attorney who filed on the same day as my appointment, requesting his appointment as Executor, claiming I was guilty of abusing my mom.
Had Hearing - Judge Keller of Clackamas County Circuit Court found me innocent of allegations. He stated the filing against me was nonsense and a waste of a lot of money in a very small estate. He said it was obvious from both wills and medical records that I was the one the decedant confided, trusted and wanted handling her affairs. He went on to say that because the other family members had already displayed such ANIMOSITY Against me, he would add the requirement of a $10,000 bond.
My attorney said he could get me bonded, but the cost would be excessive and would be in best financial interest to the estate to allow a "court-appointed, indepedent executor." I'M AN IDIOT, I AGREED. APPOINTED - 3/08 - CHRISTINE BIRD.
Since that time Ms. Bird had allowed sister to continue living in home, disallowing me access to the house,storage buildings on the lot or the rented storage unit.
She had said my sister would be moved out at the end of June and I would be personally responsible for the $120/mo rent on the storage unit starting July 1st. July she told me she had asked sister to stay until July 15th and so the estate had paid for the storage unit for the month of July. THIS DOESN'T SEEM LEGAL - FORCE ME TO PAY RENTAL ON A STORAGE BUILDING I HAVE NOT BEEN ALLOWED TO ACCESS OR REMOVE CONTENTS but estate will pay it while sister lives in home?
I had offered to allow sister and nephew to remove their personal items stored there as they could provide no list of personal items they had stored. I was told via phone that Ms. Bird had arranged a private meeting with sister & newphew at the home and storage unit to let them take whatever they told her was theirs. SHE REFUSED TO TELL ME THE TIME TO ALLOW MY PRESENCE TO SUPERVISE WHAT WAS BEING TAKEN. Legally, that is Theft! Her attorney refused to talk to me.
She Has Listed the Home with a Real Estate Company, Has For Sale Sign in front yard of a now vacant home, being walked through by potential buyers still filled with everything my mom and dad accumulated in the over 40 yrs residence on this property minus whatever sister and nephew have stolen.
I tried e-mailing Ms. Bird, the Executor who should be working "WITH ME, THE REQUESTED REP FOR THE DECEDANT, and she responded that all further communications with her must be from an attorney! I tried contacting her attorney advising him she was breaking the law and he too, refused to talk to me. He told me I had no right to call him.
O.K., I'm totally frustrated, depressed, losing sleep, loss of appetite, so I write the Clackamas County Circuit Court, Probate Department to report mal-practice by one of their approved Executors. Tammy of the Probate Department called today stating she had received my letter. She then said if I was filing an "Objection" that required the payment of a $73.00 "Filing Fee". If my letter was not an Objection, it would be placed in the court file. I questioned if she was telling me that a court-appointed Executor can break the law unless I have the money to pay the filing fee and obviously hire an attorney as the filing fee is required to set up a hearing. She spoke with her supervisor and called me back to again tell me they'll put my letter in the court file. If I want legal advice I need to retain an attorney.
Bottom Line: Court-appointed Executor can break the laws they're required to follow - they only have to follow the laws if you can afford to hire an attorney to file actions against them in the court that approved this individual in the first place.
I UNDERSTAND THE LAW TO MINOR DEGREE - It's black & white if you break it and a different language if your rights are being violated. I can't call the police on her, I can't make her give to me that which my mom left me, and she can stick me with whatever bills she wants, because she's a court-appointed executor in Clackamas County in the State of Oregon. Soon as I can get transportation to post office, copies of the letter to the court are going to the Oregon State Attorney General's Office and the Oregon State Bar. I probably shouldn't be expecting any help from them either.
I don't understand why this executor is continuing the persecution and assault my sister has launched against me. My sister tried to kill me in August 2007, told my daughter in December 2007 that some day, some how, she would finish what she started the day she had her hands around her mom's neck.
I don't have money for an attorney. My mom and I both believed if she made a Will, her rights would be honored.
Then Reality Strikes! - You have no rights unless you have money for an attorney - Sad World we Live In. They couldn't beat mom when she was alive, so the state's helping them beat her now that she's dead. Clackamas County, Tammy, has refused to acknowledge these obvious illegal actions by this executor; and in so doing has allowed Ms. Bird's continued exclusion of me, blocking my access to even inventory what's left or doing anything my mom had asked of me and that I had promised to do. THE EMOTIONAL HELL, the grieving I can't end because I'm still waiting, wondering what has happened, what is happening, what has been st
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