Legal Question in Wills and Trusts in Oregon
Probate
My dad passed away in december and he did not have a will, Unfortunatly he was married to someone who has been very secret when it comes to the estate. i live in California and he lived in Oregon at time of his death. What rights do my sister and I have. Do I need a lawyer. I also wnat to get everything he had before they were married.
3 Answers from Attorneys
Re: Probate
You need to direct this to Oregon Attorneys. Despite the fact that you live in California, your Father lived (and assumedly passed) in Oregon. Therefore, Oregon law most likely applies.
Re: Probate
As Jeb Burton said- you need to contact an attorney in Oregon since your dad was an Oregon resident at the time of his death Oregon law would apply.
Re: Probate
Assets in their joint name (with right of survivorship) are hers. You can check this with respect to real estate by checking the deed at the county recorder's office. Assets may have been in ithe name of a trust, in which case the succussor trustee is charged with handling things. If that is the case you are entitled to a coy of the trust document. If there were assets in his name or in their joint name without rights of survivorship, they have to be transferred through probate and you can check the court records. That being said. A good letter from a lawyer on your behalf will likely get to the bottom of the facts faster.