Legal Question in Wills and Trusts in Oregon
locate our farthers will
My father died in 2005 and his widowed wife remarried in 2008 She has not registered the will with the courts and wont let us have a copy.The family feal she my try to sell the house to cover legal cost for spending money from my Dad's grandchildren college fund. How can we get a copy?
Help.
Thank You.
2 Answers from Attorneys
Re: locate our farthers will
you may need to open a probate. Please feel free to contact our office to see if we can assist you.
Scott
Re: locate our farthers will
Point out to her that she is not entitled to get anything from his estate without the Will being probated; she will have to probate it sometime so why not now? If she waits much longer, the probate judge will not appoint her to handle the Will and she may be forced to repay money into the estate. If that does not work, file for probate yourself [it is a simple form], indictaing she has the Will but will not give you a copy, ask for a hearing date to force her to file the Will with a copy going to all heirs. If she has legal costs, then she had an attorney; contact the attorney and tell them that she has not filed the Will and may be paying them with money improperly taken from the estate, so the attorney will try to push her to file the probate so that they can get paid.
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