Legal Question in Wills and Trusts in Oregon
Dis-Inherited Siblings contesting the will
My father passed away recently. He had put all of his property & assets (about $400,000) into a living revocable trust and named me as the trustee. My 2 siblings (who are named in the will noting that they were intentionally excluded from both the will & trust) are threatening to sue.
Both siblings have not been in contact with my father for the past 15 years, and parted on bad terms.
I lived with my father for the last 3 months of his life while he was under home hospice, and am worried that somehow my siblings will contest that I influenced my father to leave everything to me or that he was incompetent even though the phrase in his will that names and omits my siblings has been in his will since he first revised it in 1997.
Are there any heirship laws in OR that prevent my father from writing them out of his will? How long do they have to contest the will or can they even contest it because of the trust?
1 Answer from Attorneys
Re: Dis-Inherited Siblings contesting the will
Your father can disinherit his offspring. Unfortunately, you can't stop them from challenging it if they so choose (not to say that they would prevail, but it could delay things). If they start making real noises, you should consult a local attorney.
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