Legal Question in Wills and Trusts in Oregon

Re: probate

A will to a girlfriend that cannot be found, is not a valid will. Oral statements are not sufficient to create a will.

Oregon law does not require notarization of a will, but it does require witnesses to the will.

If your Aunt also does not have/cannot find an original will, she can file with the court and ask to be appointed as personal representative for an "intestate" estate. State law will determine who receives your grandfather's assets. Girlfriends are not on that list, it includes spouse, children, siblings, parents, cousins.....all relatives, no friends.

Regardless of who is to get the assets, an estate still needs an executor (Oregon calls them a personal representative).

If your grandfather lived in Oregon, our office would be happy to assist your aunt in dealing with his estate. We handle probate cases all over the state.

Re: probate

This came to me as a South Dakota question. I agree totally with Susan Burns, the Oregon attorney who responded. Laws vary some from state to state, but in this problem you have regarding your Grandfather passing away without a will, whatever assets he had that were in his name at death and weren't joint tenancy with the girlfriend or placed in a trust for the benefit of a girlfriend are subject to the laws of intestacy if you cannot find a will. That means the statutes of the applicable state will determine how your grandfather's assets are distributed. There is no intestacy statutes to my knowledge that provide for girlfriends. It usually goes in order of the closest surviving relatives.

Your aunt should petition the court for appointment as administrator of the insestate estate and do it quickly as the girlfriend of 3 years may be running away with assets that rightfully belong to you as heirs. See an attorney as soon as possible.