Legal Question in Wills and Trusts in Oregon
right to obtain copy of will
My mother in law passed away over one month ago.She was 93 yrs old living in a assisted living home. Her friends kind of took over the last couple of years visiting her and taking her to the doctor occassionally plus taking over all of her banking transactionsand legal matters. My husband is her only legal living relative and she always told us everything would be left for our five children who are her only grandchildren. Her friends now after her death will not return our calls.
Her mind was not sharp the last few years and we think her friends might of taken advantage of her state of mind and transferred her assests into their names. Can you tell us if we have the legal right to see her will and if so where do we start. Thanksyou
1 Answer from Attorneys
Re: right to obtain copy of will
Did your mother in law have any assets? A residence? Bank accounts that you know of? Was she on Medicaid or was she paying for her own care? If she had assets that you think would be worth going after, you can file a probate in the courts. A probate assumes there is no will and the assets all would go to your husband (if your mother-in-law lived in Oregon). If these "friends" have a copy of the will, they will present it to the court. Please call me if you have any other questions.