Should I take legal action to obtain part of the estate? 13 Answers as of December 12, 2011

If your share of the estate includes the house, you should be getting a pro-rata (1/3) share. Seek the services of a probate litigation attorney.

As a co-owner you have rights and responsibilities concerning the property. You also have the right to request partition of the property. You should consult a real estate attorney you is also familiar with probate.

It is vital that as soon as you turn 18 you immediately get a lawyer. Do not wait even one day after that. Act promptly. Good luck!

It depends on the value of the property. If your father left a total of $6,000 and your share is $1,000 then you probably would not do anything. If he left $600,000 and your share is $100,000, then it would definitely make sense to hire a lawyer to enforce your right under the probate judgment to your $100,000 share. But, one thing to consider is the personal side to this equation. If you sue, you are essentially becoming an enemy to your stepmother and, perhaps, sister. Sometimes if you can clearly articulate your legal rights and what would happen if you DID sue, and then say that you are willing not to sue them as long as they can be "reasonable", you actually come out ahead of demanding your legal rights. All of that is just to say that remember there is an emotional and personal element to filing a lawsuit against members of your own family.

Yes you do. Though it would probably require an action in Probate court.

The answer to your question depends on the all of the facts of your specific situation. No attorney can give you specific advice to your situation without knowing the entire situation. I can comment generally based on the information that you provided in your question. However, you should understand that the information contained in your question does not contain essential information needed to provide you with legal advice. This message is not intended to be legal advice for you and you should not consider that we have formed an attorney/client relationship. I am assuming that you are in Oregon and that Oregon law applies. Based on the information in your message, the answer is "yes". One key question is how the personal representative of your father's estate was able to close the estate without a signed receipt from you. Perhaps, because you were a child, your mother signed for you. I expect that you are now an adult. You are entitled to an accounting for your property and to receive it.

It sounds as is the probate is complete and you own the property as a tenant in common. You should check to see how title is held and speak with an attorney about your ability to either file for partition or consider other options. If the probate is not complete, you would have additional options. We offer a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps for the small investment of $100. This is a significant discount from our billing rates. If the issues presented involve reviewing documents and preparation in advance of the meeting, we charge $300 for a premier consultation, because there is over one hour of review and preparation for the meeting and one hour for the meeting.

Yes, you have a good faith cause of action. You could sue for sale and division and for offsets for the undivided rent, less costs you did not contribute to for taxes, upkeep, etc. You should seek the assistance of an attorney to review your full range of options.

Yes. You can and should bring an action called a partition.

I think you do. Do the math on 13 years of rental income (less expenses). It probably amounts to enough to make it worth spending something on legal fees.