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Estate Dispute Resolution Steps
Summary
In Oregon, when someone dies without a will, intestacy laws determine asset distribution. Heirs can use a Small Estate Affidavit for simple estates under $275,000. If disputes arise, such as asset undervaluation or heir exclusion, heirs can contest the affidavit in court. Filing an emergency motion can halt asset sales, and including evidence strengthens the case. Legal advice is recommended for navigating these disputes.Full Conversation
Quick question name is kim
Hi ****! How can I assist you with your legal issue today? Could you please provide some details about your situation?
After someone died without a will in Oregon Josephine county
Hi ****! I can provide some general information about what happens when someone dies without a will in Oregon.
- Oregon's intestacy laws determine who inherits the deceased's assets.
- The probate court will appoint a personal representative to manage the estate.
- The estate is distributed to the deceased's closest relatives.
Would you like more detailed information on the probate process in Josephine County?
- Oregon's intestacy laws determine who inherits the deceased's assets.
- The probate court will appoint a personal representative to manage the estate.
- The estate is distributed to the deceased's closest relatives.
Would you like more detailed information on the probate process in Josephine County?
Can two of the hairs appoint the other a executor/ affiant saying the want nothing to do with it, that I am now responsible for it.
Hi ****! In Oregon, heirs cannot directly appoint an executor. The probate court appoints the personal representative. If heirs agree you should be responsible, they can express their preference to the court, which will consider it.
Would you like contact details for the Josephine County probate court?
Would you like contact details for the Josephine County probate court?
It's a simple estate, no probate,
Hi ****! If the estate is simple and no probate is required, Oregon allows for a Small Estate Affidavit under certain conditions.
- The total value of the estate must be under $*,*.
- No more than $*,* in real property.
- No more than $*,* in personal property.
Would you like more information on the Small Estate Affidavit process?
- The total value of the estate must be under $*,*.
- No more than $*,* in real property.
- No more than $*,* in personal property.
Would you like more information on the Small Estate Affidavit process?
Ok what I'm getting at is my sister and brother said they wanted nothing to do with paying for anything or any paperwork. Told me I was in charge of it all, the affiant, have me the packet and for months I worked to get every part of it done correctly
Hi ****! It sounds like you're handling the estate as the affiant under Oregon's Small Estate Affidavit process.
- Ensure the estate's total value meets the requirements.
- File the Small Estate Affidavit with the local probate court.
- Notify heirs and creditors.
Would you like more details on filing the affidavit in Josephine County?
- Ensure the estate's total value meets the requirements.
- File the Small Estate Affidavit with the local probate court.
- Notify heirs and creditors.
Would you like more details on filing the affidavit in Josephine County?
So I had told my sister the day before that I was going to file that there were * more hairs and things would probably have to be sold to be split also did she want the stack of his bills due,?
Hi ****! It sounds like you are preparing to finalize the Small Estate Affidavit. Here are some steps to consider:
- Ensure all heirs are notified.
- Determine the estate's total value.
- File the Small Estate Affidavit with the Josephine County Probate Court.
- Handle outstanding bills and debts.
Would you like more detailed guidance on any specific step?
- Ensure all heirs are notified.
- Determine the estate's total value.
- File the Small Estate Affidavit with the Josephine County Probate Court.
- Handle outstanding bills and debts.
Would you like more detailed guidance on any specific step?
The night I told her that she went the next morning and filed, she did not include the other Heirs or his other bills she has not notified the one other heir in the 30 days after and she has greatly under valued all assets,not listed a page full,,already given * vehicles to my son, no money back to the estate and he's not a heir. That's just to begin. She did this the day I was going to file and she knew and did it first for that reason!
Hi ****! I understand your frustration. In Oregon, all heirs must be notified and the estate's value accurately reported. You may need to address this with the probate court. Would you like details on how to contest the affidavit your sister filed?
I realize you write a OBJECTION letter a motion to object and be heard but Josephine county doesn't have a form for it so just make one up with all info on it etc
Hi ****! I can help you draft a general objection letter to contest the Small Estate Affidavit filed by your sister. Here's a basic template you can use:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
[Probate Court Address]
[City, State, ZIP Code]
Re: Objection to Small Estate Affidavit, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to formally object to the Small Estate Affidavit filed by [Sister's Name] regarding the estate of [Deceased's Name]. I believe the affidavit contains inaccuracies and omissions that must be addressed for a fair resolution.
My objections are as follows:
- [Sister's Name] did not notify all heirs within the required *-day period.
- She has undervalued the estate's assets and omitted significant items.
- Two vehicles were given to my son, who is not an heir, without reimbursement to the estate.
- Additional bills and liabilities have not been accounted for.
I respectfully request a hearing to present these concerns and provide further evidence if
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
[Probate Court Address]
[City, State, ZIP Code]
Re: Objection to Small Estate Affidavit, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to formally object to the Small Estate Affidavit filed by [Sister's Name] regarding the estate of [Deceased's Name]. I believe the affidavit contains inaccuracies and omissions that must be addressed for a fair resolution.
My objections are as follows:
- [Sister's Name] did not notify all heirs within the required *-day period.
- She has undervalued the estate's assets and omitted significant items.
- Two vehicles were given to my son, who is not an heir, without reimbursement to the estate.
- Additional bills and liabilities have not been accounted for.
I respectfully request a hearing to present these concerns and provide further evidence if
It's not in probate though.
Hi ****! If the estate is not in probate, you can still contest the Small Estate Affidavit your sister filed by submitting your objection to the probate court. Would you like more detailed information on how to proceed with your objection in Josephine County?
And do I address it to the same judge that signed her affidavit?
Hi ****! You should address your objection to the probate judge handling the case, even if it's not the same judge who signed the affidavit. Make sure to include all relevant details and accurately state your objections.
Would you like the contact details for the Josephine County Probate Court?
Would you like the contact details for the Josephine County Probate Court?
But it's not in probate does that matter?
Hi ****! Thank you for your patience. Even if the estate is not in probate, you can still contest the Small Estate Affidavit. Address your objection to the probate court handling the case. Ensure you include all relevant details and accurately state your objections.
Would you like the contact details for the Josephine County Probate Court?
Would you like the contact details for the Josephine County Probate Court?
If still write the letter to that court instead of the court it came from,?
Hi ****! Yes, you should still address your objection letter to the Josephine County Probate Court, as they handle matters related to estate affidavits.
Would you like the contact details for the Josephine County Probate Court?
Would you like the contact details for the Josephine County Probate Court?
Yes if they have one here
Josephine County Probate Court
Phone: (*) *-*
Address: * NW 6th St, Dept *, Grants Pass, OR *
Website: www.courts.oregon.gov
Isn't there some way I can address the issue if what she has intentionally done by omitting the Heirs when she knew under valuing assets with giving them in mind. She has this planned. Isn't there a penalty for that
Hi ****! Intentional omission of heirs and undervaluing assets can be considered fraudulent behavior. Here are some general points:
- Fraud can result in legal penalties, including civil and criminal consequences.
- You can bring this to the attention of the probate court with evidence.
- Consider consulting with a legal professional for specific advice.
Would you like more guidance on contesting the affidavit?
- Fraud can result in legal penalties, including civil and criminal consequences.
- You can bring this to the attention of the probate court with evidence.
- Consider consulting with a legal professional for specific advice.
Would you like more guidance on contesting the affidavit?
So my basic question now
Hi ****! It sounds like you're dealing with a complex situation. To help you better, could you please clarify your basic question? This will allow me to provide the most relevant information.
When my brother passed my other two siblings told me, in writing, they wanted nothing to do with it, gave me the simple a estate packet and told me I am the affient now
Hi ****! It seems you have a written agreement from your siblings assigning you the responsibility for the estate. However, since your sister filed a Small Estate Affidavit without proper notification or accurate reporting, you may need to contest it.
Would you like more guidance on how to proceed with contesting the affidavit?
Would you like more guidance on how to proceed with contesting the affidavit?
That's what I'm getting at,so hold on
Hi ****! I understand your situation is complex. To clarify and assist you further, could you confirm if you need detailed steps on contesting the affidavit your sister filed, or if you need information on possible penalties for her actions?
I've never done death stuff before, so I took the papers I read every ors pertaining to each part of it, I notified all the creditors etc got heirs # I did what the packet said not real easy I even was maintaining his mobile etc with no help from anyone, even after a huge car accident
Hi ****! It seems you've worked hard to fulfill your responsibilities. To contest the affidavit your sister filed, you can:
- Write an objection letter to the Josephine County Probate Court.
- Include details about the omissions and inaccuracies.
- Provide any evidence supporting your claims.
Would you like more detailed guidance on writing the objection letter?
- Write an objection letter to the Josephine County Probate Court.
- Include details about the omissions and inaccuracies.
- Provide any evidence supporting your claims.
Would you like more detailed guidance on writing the objection letter?
But like I said as soon as my son heard * more hairs and selling it all. He cried to my sister who believes he should get everything and that is what she's doing. Giving it all to him, she's told me,
Hi ****! I understand your concern. If your sister is giving assets to your son and not following the proper legal process, you should contest the Small Estate Affidavit. Here are your steps:
- Write an objection letter to the Josephine County Probate Court.
- Detail the omissions and inaccuracies.
- Provide any evidence supporting your claims.
Would you like more help with writing the objection letter?
- Write an objection letter to the Josephine County Probate Court.
- Detail the omissions and inaccuracies.
- Provide any evidence supporting your claims.
Would you like more help with writing the objection letter?
So briefly the question, all that time I was doing all the things for the papers as the affiant doesn't apply right?!?!
Hi ****! It sounds like you were acting as the affiant, but if your sister filed the Small Estate Affidavit first, her filing is currently recognized. You can contest her affidavit. Would you like more guidance on how to proceed with your objection?
I'm sorry she is just trying to to say I had no right to be in his house at all trying to have police involved!!
Hi ****! I understand your frustration. Here are some general steps you can take:
- Document any communications and evidence showing your involvement and responsibilities.
- If the police are involved, explain your role and show any written agreements from your siblings.
- Consider consulting a legal professional for specific advice.
Would you like more detailed guidance on any of these steps?
- Document any communications and evidence showing your involvement and responsibilities.
- If the police are involved, explain your role and show any written agreements from your siblings.
- Consider consulting a legal professional for specific advice.
Would you like more detailed guidance on any of these steps?
Yes please I feel defeated
Hi ****, I'm here to help.
It sounds like you're dealing with a difficult situation. Here are some steps you can take:
- Document all communications and evidence regarding your involvement.
- Write an objection letter to the Josephine County Probate Court detailing the omissions and inaccuracies.
- Consider consulting a legal professional for specific advice.
Would you like more detailed guidance on writing the objection letter?
It sounds like you're dealing with a difficult situation. Here are some steps you can take:
- Document all communications and evidence regarding your involvement.
- Write an objection letter to the Josephine County Probate Court detailing the omissions and inaccuracies.
- Consider consulting a legal professional for specific advice.
Would you like more detailed guidance on writing the objection letter?
Yes
Hi ****! Here's a basic template for your objection letter:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Objection to Small Estate Affidavit, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to formally object to the Small Estate Affidavit filed by [Sister's Name] regarding the estate of [Deceased's Name]. I believe the affidavit contains inaccuracies and omissions that must be addressed for a fair resolution.
My objections are as follows:
- [Sister's Name] did not notify all heirs within the required *-day period.
- She has undervalued the estate's assets and omitted significant items.
- Two vehicles were given to my son, who is not an heir, without reimbursement to the estate.
- Additional bills and liabilities have not been accounted for.
I respectfully request a hearing to present these concerns and provide further evidence if necessary.
Sincerely,
[Your Name]
---
Would you like more help with
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Objection to Small Estate Affidavit, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to formally object to the Small Estate Affidavit filed by [Sister's Name] regarding the estate of [Deceased's Name]. I believe the affidavit contains inaccuracies and omissions that must be addressed for a fair resolution.
My objections are as follows:
- [Sister's Name] did not notify all heirs within the required *-day period.
- She has undervalued the estate's assets and omitted significant items.
- Two vehicles were given to my son, who is not an heir, without reimbursement to the estate.
- Additional bills and liabilities have not been accounted for.
I respectfully request a hearing to present these concerns and provide further evidence if necessary.
Sincerely,
[Your Name]
---
Would you like more help with
Should I mention she filed knowing I was filing the next day with the intent of doing what she's doing knowingly breaking affiant rule,thinking nobody would check,open and closed.
Hi ****! Yes, you should mention that your sister filed the affidavit knowing you were planning to file the next day, and that she may have intentionally violated rules. Here's an updated section for your objection letter:
```
- [Sister's Name] filed the affidavit knowing I was preparing to file the next day, potentially violating the affiant rules.
```
Would you like more detailed guidance on any specific part of the objection letter?
```
- [Sister's Name] filed the affidavit knowing I was preparing to file the next day, potentially violating the affiant rules.
```
Would you like more detailed guidance on any specific part of the objection letter?
Yes I will include that she believed it would be open and closed and she could do as she please because no one would look and shed never think that I would. She's been trying to scare me with threats of police etc. and signing over property to shut up
Hi ****! You can include that information in your objection letter. Here’s an updated version:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Objection to Small Estate Affidavit, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to formally object to the Small Estate Affidavit filed by [Sister's Name] regarding the estate of [Deceased's Name]. I believe the affidavit contains inaccuracies and omissions that must be addressed for a fair resolution.
My objections are as follows:
- [Sister's Name] did not notify all heirs within the required *-day period.
- She has undervalued the estate's assets and omitted significant items.
- Two vehicles were given to my son, who is not an heir, without reimbursement to the estate.
- Additional bills and liabilities have not been accounted for.
- [Sister's Name] filed the affidavit knowing I was preparing to file the next day, potentially violating the aff
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Objection to Small Estate Affidavit, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to formally object to the Small Estate Affidavit filed by [Sister's Name] regarding the estate of [Deceased's Name]. I believe the affidavit contains inaccuracies and omissions that must be addressed for a fair resolution.
My objections are as follows:
- [Sister's Name] did not notify all heirs within the required *-day period.
- She has undervalued the estate's assets and omitted significant items.
- Two vehicles were given to my son, who is not an heir, without reimbursement to the estate.
- Additional bills and liabilities have not been accounted for.
- [Sister's Name] filed the affidavit knowing I was preparing to file the next day, potentially violating the aff
Should I include and of the proof like the missing heirs or the list of creditors ,true value of assets? * pages of assets not listed
Hi ****! Yes, you should include any proof you have, such as:
- List of missing heirs.
- List of creditors.
- True value of assets.
- Documentation of omitted assets.
Attach these documents to your objection letter for evidence.
Would you like more detailed guidance on preparing these attachments?
- List of missing heirs.
- List of creditors.
- True value of assets.
- Documentation of omitted assets.
Attach these documents to your objection letter for evidence.
Would you like more detailed guidance on preparing these attachments?
Yes
Hi ****! Here’s some guidance on preparing your attachments:
- **List of Missing Heirs**: Provide names and contact information.
- **List of Creditors**: Include names, amounts owed, and contact details.
- **True Value of Assets**: Provide appraisals or valuations.
- **Documentation of Omitted Assets**: List each asset with supporting documents (e.g., titles, receipts).
Ensure everything is organized and clearly labeled. Would you like more help with any specific part?
- **List of Missing Heirs**: Provide names and contact information.
- **List of Creditors**: Include names, amounts owed, and contact details.
- **True Value of Assets**: Provide appraisals or valuations.
- **Documentation of Omitted Assets**: List each asset with supporting documents (e.g., titles, receipts).
Ensure everything is organized and clearly labeled. Would you like more help with any specific part?
Yes she had no info on where she got any of her values from, I have my brother's receipts ,Kelly blue book, the appraiser for the taxes, says right on it market value $*,* shouldn't that be used? She listed at $*,* and said it's already sold. Don't all heirs have to agree on that? I don't want it sold, Can I stop her
Hi ****! Here’s some general information that may help you:
- **Market Value Discrepancy**: The estate's assets should be listed at their fair market value. Using receipts, the Kelly Blue Book, and appraisals can support your case.
- **Agreement Among Heirs**: Generally, significant decisions, like selling assets, should be agreed upon by all heirs.
- **Stopping the Sale**: You can file an emergency motion with the probate court to stop the sale of the asset.
Would you like more detailed guidance on filing an emergency motion?
- **Market Value Discrepancy**: The estate's assets should be listed at their fair market value. Using receipts, the Kelly Blue Book, and appraisals can support your case.
- **Agreement Among Heirs**: Generally, significant decisions, like selling assets, should be agreed upon by all heirs.
- **Stopping the Sale**: You can file an emergency motion with the probate court to stop the sale of the asset.
Would you like more detailed guidance on filing an emergency motion?
Each motion is going to be another filing fees right?!!
Hi ****! Yes, filing motions typically involves additional fees. Here are some general steps you can take:
- Check if you're eligible for a fee waiver based on your financial situation.
- Contact the Josephine County Probate Court for specific fee information.
- Consider consulting a legal professional for advice on managing multiple filings.
Would you like more detailed information on fee waivers?
- Check if you're eligible for a fee waiver based on your financial situation.
- Contact the Josephine County Probate Court for specific fee information.
- Consider consulting a legal professional for advice on managing multiple filings.
Would you like more detailed information on fee waivers?
Ok yes then I do want info on that
Hi ****! Here's some general information on fee waivers:
- **Eligibility**: Fee waivers are typically available based on financial need.
- **Application**: You need to file an Application for Waiver or Deferral of Fees with the court.
- **Supporting Documents**: Provide proof of income, expenses, and financial hardship.
Would you like more details on how to apply for a fee waiver in Josephine County?
- **Eligibility**: Fee waivers are typically available based on financial need.
- **Application**: You need to file an Application for Waiver or Deferral of Fees with the court.
- **Supporting Documents**: Provide proof of income, expenses, and financial hardship.
Would you like more details on how to apply for a fee waiver in Josephine County?
In the emergency motion to stop her
Hi ****! For an emergency motion to stop your sister, you may need to follow these steps:
- **Write the Motion**: Clearly state the reasons to stop the sale, including the discrepancies in asset valuation and lack of heir agreement.
- **File the Motion**: Submit it to the Josephine County Probate Court.
- **Request a Hearing**: Ask for an expedited hearing due to the urgency of the matter.
Would you like more detailed guidance on writing the emergency motion?
- **Write the Motion**: Clearly state the reasons to stop the sale, including the discrepancies in asset valuation and lack of heir agreement.
- **File the Motion**: Submit it to the Josephine County Probate Court.
- **Request a Hearing**: Ask for an expedited hearing due to the urgency of the matter.
Would you like more detailed guidance on writing the emergency motion?
Yes please do I have the other Heirs sign it? And do I have it notarized? And do I send her a copy too
Hi ****! Here are steps to consider for your emergency motion:
- **Include Other Heirs**: It's beneficial to have other heirs sign the motion to show unified concern.
- **Notarization**: Notarizing the document can add validity, but it's typically not required.
- **Send a Copy**: Yes, send a copy to your sister to ensure transparency.
Would you like a basic template for the emergency motion?
- **Include Other Heirs**: It's beneficial to have other heirs sign the motion to show unified concern.
- **Notarization**: Notarizing the document can add validity, but it's typically not required.
- **Send a Copy**: Yes, send a copy to your sister to ensure transparency.
Would you like a basic template for the emergency motion?
Please yes
Hi ****! Here’s a basic template for your emergency motion:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
I respectfully request an expedited hearing to address these issues and halt the sale of the estate assets until a fair and accurate resolution can be reached.
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
I respectfully request an expedited hearing to address these issues and halt the sale of the estate assets until a fair and accurate resolution can be reached.
Well couldn't that one cover everything . And what if she has already sold it??
Hi ****! Here’s how to address your concerns:
- **If Assets are Already Sold**: Mention it in your motion and request the court to void the sale or require restitution of the fair market value.
- **Include Everything in One Motion**: Yes, you can combine all issues in one comprehensive motion.
Would you like the updated template to include these points?
- **If Assets are Already Sold**: Mention it in your motion and request the court to void the sale or require restitution of the fair market value.
- **Include Everything in One Motion**: Yes, you can combine all issues in one comprehensive motion.
Would you like the updated template to include these points?
Your awesome and I appreciate you so much I've had * attorneys and not one of them have helped me but all of them
Thank you, ****! I'm glad I can help. Here's the updated template:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
- If assets have already been sold, I request that the court void the sale or require restitution of the fair market value
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
- If assets have already been sold, I request that the court void the sale or require restitution of the fair market value
M have charged me
Hi ****! I'm here to help you. Could you please clarify what you mean by "M have charged me"? Are you referring to legal charges against you, or is it related to the estate issue? Providing more details will help me assist you better.
Sorry all of them have charged me
Hi ****! I understand it can be frustrating dealing with these issues. If you've been charged by attorneys without receiving proper assistance, you can consider the following steps:
- **File a Complaint**: File a complaint with the Oregon State Bar.
- **Seek Pro Bono Help**: Look for pro bono legal services in your area.
- **Request a Fee Waiver**: Apply for a fee waiver for court filings due to financial hardship.
Would you like more detailed information on any of these steps?
- **File a Complaint**: File a complaint with the Oregon State Bar.
- **Seek Pro Bono Help**: Look for pro bono legal services in your area.
- **Request a Fee Waiver**: Apply for a fee waiver for court filings due to financial hardship.
Would you like more detailed information on any of these steps?
No I just want to get this paper filed before she gets away with more
Hi ****! Here is the complete template for your emergency motion:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
- If assets have already been sold, I request that the court void the sale or require restitution of the fair market
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
- If assets have already been sold, I request that the court void the sale or require restitution of the fair market
I use the intentional omission of heirs and assets knowingly before she signed the affidavit and actions afterwards proves her ill intent to...
Hi ****! Here’s the completed template incorporating your points:
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
- If assets have already been sold, I request that the court void the sale or require restitution of the fair market value
---
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Email Address]
[Phone Number]
[Date]
Josephine County Probate Court
* NW 6th St, Dept *
Grants Pass, OR *
Re: Emergency Motion to Stop Sale of Estate Assets, [Deceased's Name], Case No. [Case Number]
Dear Honorable Judge [Judge's Name],
I am writing to file an emergency motion to stop the sale of assets from the estate of [Deceased's Name]. I believe the sale should be halted due to the following reasons:
- [Sister's Name] has provided significantly undervalued asset listings, including a property appraised at $*,* but listed at $*,*.
- The sale of assets was conducted without agreement from all heirs, violating standard procedures.
- [Sister's Name] has not provided documentation or valid sources for her asset valuations.
- The omission of heirs and undervaluation of assets suggest potential fraudulent behavior.
- If assets have already been sold, I request that the court void the sale or require restitution of the fair market value
Omg are you still there
Hello! I'm here to help. Could you please provide more details about your legal issue? Additionally, knowing your location would help me provide more accurate information.
**** are you still there
Hello! I'm here to help. Could you please provide more details about your legal issue?
Was I just talking to you
Hello! It seems like there might have been some confusion earlier. I'm here to help you with your legal issue. Could you please provide more details about your situation? If location is relevant, please let me know where you are located.
I was just talking to some one I went to the top so I could copy the good advice and it all disappeared
Hello! I'm here to help. Could you please provide more details about your legal issue so I can assist you better? Also, could you please let me know your location?
Is there any way to retrieve that conversation
Hello! Unfortunately, I don't have the ability to retrieve previous conversations. Can you please provide more details about your legal issue so I can assist you better? Additionally, could you let me know your location, as it may be relevant to the legal information I provide?
Omg it was everything I needed
Hello! I'm here to help. Could you please provide more details about your legal issue so I can assist you better? Also, if you can share your location, it would help me provide more specific information.
How to stop a sale will a simple estate Josephine county Oregon.
To understand your situation better, could you please specify if the sale is of real estate property or personal property within the simple estate?
In general, to stop a sale of estate property in Josephine County, Oregon, you may consider:
- Filing an objection with the probate court.
- Requesting a temporary restraining order (TRO) to halt the sale.
Knowing the exact nature of the sale will help provide more specific advice.
In general, to stop a sale of estate property in Josephine County, Oregon, you may consider:
- Filing an objection with the probate court.
- Requesting a temporary restraining order (TRO) to halt the sale.
Knowing the exact nature of the sale will help provide more specific advice.
Personal property the Affiant is breaching her duties and I'm objecting she's under valud assets not listed pages of assets, not listed heirs, I fear she's sold his mobile, I don't want it sold,
In Josephine County, Oregon, to stop the sale of personal property by the affiant in a simple estate, you may need to file an objection with the probate court. Here are some steps you could consider:
- File an objection to the sale with the probate court.
- Request an inventory and accounting of the estate assets.
- Consider consulting with a probate attorney for specific advice.
Would you like more detailed information on how to file an objection in Josephine County?
Phone: (*) *-*
Address: * NW 6th St, Grants Pass, OR *
Website: www.courts.oregon.gov
- File an objection to the sale with the probate court.
- Request an inventory and accounting of the estate assets.
- Consider consulting with a probate attorney for specific advice.
Would you like more detailed information on how to file an objection in Josephine County?
Josephine County Circuit Court
Phone: (*) *-*
Address: * NW 6th St, Grants Pass, OR *
Website: www.courts.oregon.gov
Shouldn't it be a emergency order to stop all selling of estate assets and if sold..expided due to the situation?
In Josephine County, Oregon, to seek an emergency order to stop the sale of estate assets, you may consider the following steps:
- File a motion for an emergency injunction with the probate court.
- Provide evidence of the affiant’s breach of duties.
- Request an expedited hearing for immediate relief.
Would you like more detailed procedures for filing the motion in Josephine County?
- File a motion for an emergency injunction with the probate court.
- Provide evidence of the affiant’s breach of duties.
- Request an expedited hearing for immediate relief.
Would you like more detailed procedures for filing the motion in Josephine County?
Yes
In Josephine County, Oregon, to file an emergency order to stop the sale of estate assets, you may follow these steps:
- **File a Motion**: Submit a motion for an emergency injunction with the probate court.
- **Provide Evidence**: Include evidence of the affiant’s breach of duties.
- **Request Hearing**: Ask for an expedited hearing for immediate relief.
Would you like the contact details for the probate court in Josephine County?
- **File a Motion**: Submit a motion for an emergency injunction with the probate court.
- **Provide Evidence**: Include evidence of the affiant’s breach of duties.
- **Request Hearing**: Ask for an expedited hearing for immediate relief.
Would you like the contact details for the probate court in Josephine County?
Also should I mention the fact that she signed the affidavit knowingly leaving out heirs and creditors undervaluing assets and leaving * pages of them out all with the intent of giving the estate to my son Devon Thill as her actions after she filed will show as she's has transfered vehicles to him without value to the estate and he's not a heir. I believe his manufactured structure is next
Yes, mentioning these facts could strengthen your case. Ensure you provide evidence of these actions in your motion for an emergency injunction.
Would you like the contact details for the probate court in Josephine County?
Phone: (*) *-*
Address: * NW 6th St, Dept *, Grants Pass, OR *
Website: www.courts.oregon.gov
Would you like the contact details for the probate court in Josephine County?
Josephine County Circuit Court
Phone: (*) *-*
Address: * NW 6th St, Dept *, Grants Pass, OR *
Website: www.courts.oregon.gov
Should I have the other Heirs sign it
To strengthen your case, having other heirs sign the motion could be beneficial. Their signatures would show unified concern and potential impact on multiple parties.
Would you like the contact details for the probate court in Josephine County?
Would you like the contact details for the probate court in Josephine County?
Yes how should I lay it out
To lay out your emergency motion in Josephine County, Oregon, follow these steps:
*. **Title and Caption**:
- **Title**: "Emergency Motion for Injunction to Stop Sale of Estate Assets"
- **Caption**: Include the court name, case number, and the parties involved.
*. **Introduction**:
- Briefly state the purpose of the motion and the emergency nature.
*. **Background**:
- Describe the simple estate and the role of the affiant.
- List the heirs and creditors.
*. **Affiant's Breach of Duties**:
- Detail the affiant’s actions, such as undervaluing assets, omitting assets, and excluding heirs.
- Provide specific examples and any supporting documents.
*. **Emergency Situation**:
- Explain why immediate intervention is required (e.g., imminent sale of a mobile home).
*. **Request for Relief**:
- Ask the court for an emergency injunction to stop the sale of estate assets.
- Request an expedited hearing.
*. **Signatures**:
- Include your signature and, if possible, signatures of other heirs.
*. **Exhibits**:
- Attach any evidence, such as affidav
*. **Title and Caption**:
- **Title**: "Emergency Motion for Injunction to Stop Sale of Estate Assets"
- **Caption**: Include the court name, case number, and the parties involved.
*. **Introduction**:
- Briefly state the purpose of the motion and the emergency nature.
*. **Background**:
- Describe the simple estate and the role of the affiant.
- List the heirs and creditors.
*. **Affiant's Breach of Duties**:
- Detail the affiant’s actions, such as undervaluing assets, omitting assets, and excluding heirs.
- Provide specific examples and any supporting documents.
*. **Emergency Situation**:
- Explain why immediate intervention is required (e.g., imminent sale of a mobile home).
*. **Request for Relief**:
- Ask the court for an emergency injunction to stop the sale of estate assets.
- Request an expedited hearing.
*. **Signatures**:
- Include your signature and, if possible, signatures of other heirs.
*. **Exhibits**:
- Attach any evidence, such as affidav
And do I have to mail one to her also? She is not mailing notices to heirs as required.?!
Yes, you should mail a copy of the motion to the affiant to ensure proper legal procedure and maintain transparency. This will also demonstrate to the court that you have informed all parties involved.
Would you like the contact details for the probate court in Josephine County?
Would you like the contact details for the probate court in Josephine County?
I know them . Possibly a template,draft for the letter
Certainly! Here is a draft template for your emergency motion:
---
---
~Title: Emergency Motion for Injunction to Stop Sale of Estate Assets
**Court Name:** [Insert Court Name]
**Case Number:** [Insert Case Number]
**Parties Involved:** [Your Name] vs. [Affiant's Name]
---
**Introduction:**
I, [Your Name], hereby file this emergency motion for an injunction to stop the sale of estate assets within the simple estate of [Deceased's Name]. This motion is filed due to urgent circumstances necessitating immediate court intervention.
---
**Background:**
- The simple estate of [Deceased's Name] is currently being managed by the affiant, [Affiant's Name].
- The following are the heirs and creditors of the estate: [List all heirs and creditors].
- The affiant has breached her duties by undervaluing and omitting assets, and excluding certain heirs.
---
**Affiant's Breach of Duties:**
- The affiant has knowingly left out heirs and creditors from the affidavit.
- Assets have been undervalued and two pages of assets have been omitted.
- The affiant has transferred vehicles to a non-heir (Devon Thill) without valuing them within the estate.
**Court Name:** [Insert Court Name]
**Case Number:** [Insert Case Number]
**Parties Involved:** [Your Name] vs. [Affiant's Name]
---
**Introduction:**
I, [Your Name], hereby file this emergency motion for an injunction to stop the sale of estate assets within the simple estate of [Deceased's Name]. This motion is filed due to urgent circumstances necessitating immediate court intervention.
---
**Background:**
- The simple estate of [Deceased's Name] is currently being managed by the affiant, [Affiant's Name].
- The following are the heirs and creditors of the estate: [List all heirs and creditors].
- The affiant has breached her duties by undervaluing and omitting assets, and excluding certain heirs.
---
**Affiant's Breach of Duties:**
- The affiant has knowingly left out heirs and creditors from the affidavit.
- Assets have been undervalued and two pages of assets have been omitted.
- The affiant has transferred vehicles to a non-heir (Devon Thill) without valuing them within the estate.
Stop the sale of the manufactured structure .And if it is already sold, then what??
If the manufactured structure is already sold, you may consider the following steps:
- **File a Motion**: Request the court to reverse the sale and recover the proceeds.
- **Evidence**: Provide evidence of the affiant’s misconduct.
- **Hearing**: Request an expedited hearing for immediate relief.
Would you like further details on preparing this motion?
- **File a Motion**: Request the court to reverse the sale and recover the proceeds.
- **Evidence**: Provide evidence of the affiant’s misconduct.
- **Hearing**: Request an expedited hearing for immediate relief.
Would you like further details on preparing this motion?
Yes can I put that in this one to stop her I'm rfistelya expided to stop her from selling the manufactured structure and if sold request the court to reverse the sale and recover
Certainly! Here is an updated draft template for your emergency motion:
---
**Title:** Emergency Motion for Injunction to Stop Sale of Estate Assets
**Court Name:** [Insert Court Name]
**Case Number:** [Insert Case Number]
**Parties Involved:** [Your Name] vs. [Affiant's Name]
---
**Introduction:**
I, [Your Name], hereby file this emergency motion for an injunction to stop the sale of estate assets within the simple estate of [Deceased's Name]. This motion is filed due to urgent circumstances necessitating immediate court intervention.
---
**Background:**
- The simple estate of [Deceased's Name] is currently being managed by the affiant, [Affiant's Name].
- The following are the heirs and creditors of the estate: [List all heirs and creditors].
- The affiant has breached her duties by undervaluing and omitting assets, and excluding certain heirs.
---
**Affiant's Breach of Duties:**
- The affiant has knowingly left out heirs and creditors from the affidavit.
- Assets have been undervalued and two pages of assets have been omitted.
- The affiant has transferred vehicles to a non-heir (Devon Thill) without valuing them within the estate.
---
**Title:** Emergency Motion for Injunction to Stop Sale of Estate Assets
**Court Name:** [Insert Court Name]
**Case Number:** [Insert Case Number]
**Parties Involved:** [Your Name] vs. [Affiant's Name]
---
**Introduction:**
I, [Your Name], hereby file this emergency motion for an injunction to stop the sale of estate assets within the simple estate of [Deceased's Name]. This motion is filed due to urgent circumstances necessitating immediate court intervention.
---
**Background:**
- The simple estate of [Deceased's Name] is currently being managed by the affiant, [Affiant's Name].
- The following are the heirs and creditors of the estate: [List all heirs and creditors].
- The affiant has breached her duties by undervaluing and omitting assets, and excluding certain heirs.
---
**Affiant's Breach of Duties:**
- The affiant has knowingly left out heirs and creditors from the affidavit.
- Assets have been undervalued and two pages of assets have been omitted.
- The affiant has transferred vehicles to a non-heir (Devon Thill) without valuing them within the estate.
And she has done all of this purposely with intent before even signing the court papers believing that it would be open and closed she could do what she wanted.
I understand your concerns. To address them, you can include the following in your motion:
**Emergency Motion for Injunction to Stop Sale of Estate Assets:**
*. **Title and Caption**:
- **Title**: "Emergency Motion for Injunction to Stop Sale of Estate Assets"
- **Caption**: Include the court name, case number, and the parties involved.
*. **Introduction**:
- Briefly state the purpose of the motion and the emergency nature.
*. **Background**:
- Describe the simple estate and the role of the affiant.
- List the heirs and creditors.
*. **Affiant's Breach of Duties**:
- Detail the affiant’s actions, such as undervaluing assets, omitting assets, and excluding heirs.
- Provide specific examples and any supporting documents.
*. **Emergency Situation**:
- Explain why immediate intervention is required (e.g., imminent sale of a mobile home).
*. **Request for Relief**:
- Ask the court for an emergency injunction to stop the sale of estate assets.
- Request an expedited hearing.
- If the property is already sold, request the court to reverse the sale and recover the proceeds.
*. **Sign
**Emergency Motion for Injunction to Stop Sale of Estate Assets:**
*. **Title and Caption**:
- **Title**: "Emergency Motion for Injunction to Stop Sale of Estate Assets"
- **Caption**: Include the court name, case number, and the parties involved.
*. **Introduction**:
- Briefly state the purpose of the motion and the emergency nature.
*. **Background**:
- Describe the simple estate and the role of the affiant.
- List the heirs and creditors.
*. **Affiant's Breach of Duties**:
- Detail the affiant’s actions, such as undervaluing assets, omitting assets, and excluding heirs.
- Provide specific examples and any supporting documents.
*. **Emergency Situation**:
- Explain why immediate intervention is required (e.g., imminent sale of a mobile home).
*. **Request for Relief**:
- Ask the court for an emergency injunction to stop the sale of estate assets.
- Request an expedited hearing.
- If the property is already sold, request the court to reverse the sale and recover the proceeds.
*. **Sign
That can't be good, that's like mocking the court don't you think, then when I brought up what she was doing wrong she thought yelling at me and threatening me with cops would shut me up, like it did before. When she took everything when my mom died and left me nothing.
I understand your frustration and concerns. It’s important to stay calm and follow the legal process. You can include details of her previous actions and misconduct in your motion to strengthen your case.
Would you like a template for your emergency motion to include these details?
Would you like a template for your emergency motion to include these details?
Yes but do you think I should even mention it! That is why the brother that died hated her, that's why she was not invited to the funeral,,! That's why I'm freaking out she's anywhere near handling this.
It's understandable that you're upset. However, focus on facts and legal breaches, not personal issues. Here's the template with the necessary details:
---
**Title:** Emergency Motion for Injunction to Stop Sale of Estate Assets
**Court Name:** [Insert Court Name]
**Case Number:** [Insert Case Number]
**Parties Involved:** [Your Name] vs. [Affiant's Name]
---
**Introduction:**
I, [Your Name], hereby file this emergency motion for an injunction to stop the sale of estate assets within the simple estate of [Deceased's Name]. This motion is filed due to urgent circumstances necessitating immediate court intervention.
---
**Background:**
- The simple estate of [Deceased's Name] is currently being managed by the affiant, [Affiant's Name].
- The following are the heirs and creditors of the estate: [List all heirs and creditors].
- The affiant has breached her duties by undervaluing and omitting assets, and excluding certain heirs.
---
**Affiant's Breach of Duties:**
- The affiant has knowingly left out heirs and creditors from the affidavit.
- Assets have been undervalued and two pages of assets have been omitted.
- The aff
---
**Title:** Emergency Motion for Injunction to Stop Sale of Estate Assets
**Court Name:** [Insert Court Name]
**Case Number:** [Insert Case Number]
**Parties Involved:** [Your Name] vs. [Affiant's Name]
---
**Introduction:**
I, [Your Name], hereby file this emergency motion for an injunction to stop the sale of estate assets within the simple estate of [Deceased's Name]. This motion is filed due to urgent circumstances necessitating immediate court intervention.
---
**Background:**
- The simple estate of [Deceased's Name] is currently being managed by the affiant, [Affiant's Name].
- The following are the heirs and creditors of the estate: [List all heirs and creditors].
- The affiant has breached her duties by undervaluing and omitting assets, and excluding certain heirs.
---
**Affiant's Breach of Duties:**
- The affiant has knowingly left out heirs and creditors from the affidavit.
- Assets have been undervalued and two pages of assets have been omitted.
- The aff
Thank you,wish me luck
You're welcome! I wish you the best of luck. If you need any further assistance or have more questions, feel free to reach out. Stay calm and focus on presenting your case clearly and factually.
I'll try my best
You're doing great. Stay focused and organized. If you need any more help or guidance, don't hesitate to ask. Good luck!
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