Legal Question in Wills and Trusts in Oregon
Our mother told us before she died that she had made out her will with our step father stipulating she wanted my sister and I to share everything with our half brother.However, she passed away before my step father (who is still alive).he always hated my sister and I because we were not his bio children and when she died he changed the will and gave all to our half bother his child.Can he do that if my mother signed and stipulated her wishes for my sister and I in the orginal will?Can we get a copy of her will?do we have any legal right here in Oregon to contest the will in the event of his death?
1 Answer from Attorneys
This question is difficult to answer without getting a copy of the will. Since your mother passed away, you should have been given a copy of the will if one in fact exists. It is difficult to argue that there was a stipulation with regard to the will because, unless written, it may be a he said/she said argument. I would recommend you speak to a lawyer and get a copy of the will to see exactly what it stated. If you would like, feel free to contact my office for a free consultation to provide a bit more information. I practice in both Oregon and California.