Legal Question in Wills and Trusts in Oregon
How to dispute father's will
My father is 76-years-old and in good health. He owns property in Oregon worth perhaps $400,000, free and clear. His other assets are unknown. He recently told his sister (my aunt) that he had a pre-nuptual agreement with his wife (a younger mail order bride from the Philippines) that would prevent her from inheriting his estate when he dies. He also told her that since his children (myself and my two brothers) ''didn't care about him'' that we wouldn't receive anything either. When she asked him what he intended to do with his estate, he didn't answer. Since he has no other living relatives, my brothers and I are concerned about what he intends to do with his estate. If we asked, he wouldn't tell us. My father is very secretive and paranoid and frequently talks about people taking advantage of him. Whether this makes him incompetent or not we don��t know. My questions are:
1) How can we dispute our father's will if he indeed has disinherited us and his grandchildren?
2) Is there any legal way we can get a copy of his will while he is still alive without him knowing about it?
3) Would we have to use an attorney in Oregon?
4) Where can we find out more information about this issue (books, web sites, etc.)?
2 Answers from Attorneys
Re: How to dispute father's will
Your father can disinherit you if he wants. You can not dispute it. You can not, under any legal way, get a copy of his will before he passes away.
You will not get a sympathetic ear here when it is clear that you care far more about the money than your father. Wanting to get rid of his will before he is dead makes it clear to me why your father is not leaving you anything. Though I don't agree with your motives and you may think I would give you an answer to dissuade you from going after your father's money, you can be sure that the statements I made in the first paragraph are still accurate as to the law.
Re: How to dispute father's will
Do you care about him? If so, I would sugggest you take steps to show him that you care for him, and not just for his estate.
It is his estate, and he can do whatever he wants with it. You have no rights to anything unless he says you do.
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