Legal Question in Wills and Trusts in Oregon

Re: I am next of kin...

How you proceed depends on your late father's assets and whether you are able to find a will.

If you cannot find a will in his personal papers, you can look for any evidence that he consulted an attorney (business cards, letters, fee agreements) and ask that attorney about a will.

If there is no evidence that he had an attorney or a will, the estate can proceed as an "intestate" estate, which just means there was no will. When there is no will, state law determines who inherits your father's assets. Without a spouse, his children (including you) would inherit.

If he had real property worth less than $150,000 and other assets of under $50,000, we can use a shortened procedure, called a "small estate affidavit". If he had more than that, we would probably need to file a full probate.

With your situation, it is best that you consult an attorney with experience in this area for guidance. Our office handles probates all over the state and we do offer a low cost initial consultation.