Portland Area Law Blog

Executors of an estate have a responsibility to fulfill their fiduciary duties, meaning they must follow through with the estate administration tasks required of them in a legal and ethical manner. While serving as an executor can be stressful, people who are experienced and trustworthy often perform the job diligently and successfully.

However, some executors breach their fiduciary duty, which can have serious consequences for everyone involved in the administration process. The signs of fiduciary wrongdoing can be subtle, but if you know where to look, you can hold the executor responsible for their actions.

Stuart Scott, the beloved ESPN anchor, died in early 2015 after losing his battle with cancer. Ever since his death, his ex-wife, his daughters and Disney have been fighting about the handling of his estate. Nearly five years into this legal battle, estate litigation in this case has been put on hold over fears that continuing on this path will leave his daughters with nothing. This case is eye-opening in many ways and a good example of what can happen if fights over estate administration, whether it occurs in Oregon or elsewhere, is allowed to drag on.

According to reports, Scott placed his assets in a trust with instructions to make scheduled payouts to his daughters. His beneficiaries are claiming that the co-trustees have failed in their duty to administer the trust according to the terms set by their father and have been taking money for themselves. As such, Scott's daughters have filed lawsuits against the co-trustees.

When dealing with a legal issue, wanting to keep the matter out of court is understandable. Most people want to avoid litigation if they can. Alternative dispute resolution methods do exist and can be the best course of action. Not only can utilizing ADR methods prevent litigation, they can also save Oregon residents time and money if gone about the right way.

Yes, it is possible to mess up negotiations in mediation, and it is certainly possible to poorly present one's case before an arbitrator. When utilizing either of these ADR methods, it is possible to have legal counsel prepared and ready to assist when needed. The key is finding an attorney who has experience with ADR methods and can use them appropriately.

With the high level of divorces that occur in the United States every year, numerous people in Oregon and elsewhere end up getting remarried and have to work on blending their families. Sometimes this is easier said than done. When it comes to the death of a parent, there can be big problems between stepparents and stepchildren during the estate administration process, to the point where estate litigation may be unavoidable.

Recently, a concerned individual sought advice about a problem he or she had with his or her stepmother. This person claims that a will was left behind by his or her father, but the will was never seen during the administration of his estate. There was an understanding that he wanted to ensure his wife was taken care of, so she remained in the home they shared up until her death. After she died, the house, instead of being bequeathed to his children, went to her daughter. Now this individual and his or her siblings want to know what they can do to get the inheritance they are confident their father intended to give them.