Pulaski, NY Estate Planning Law Firms & Lawyers

It depends. You need to be more specific. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

I am assuming that you are in Oregon and that Oregon law applies, You have a right to have a copy of your mother's Will regardless of what happens to the house. The treatment of the house depends on how the title was held at time of her death. If it was held in a trust or in a joint tenancy it may have passed outside the Will. Otherwise, the Will is likely to control.

Although every situation can be different, if your brother was only named power of attorney for your mother, this does not allow him to sell the home or any assets if there is a different directive in the your mother's Will, hence, the Will should be disclosed first. The timing can be affected if the home was already under contract to be sold and he is merely carrying out the terms of that contract in a timely manner.