Legal Question in Wills and Trusts in Oregon

probate

How long can a person take to submit DISCOVERY in a will contest? I have submitted everything and in 10 months they have produced nothing. At some point can't I ask a judge to decide.


Asked on 9/20/05, 12:26 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: probate

First of all, I STRONGLY ADVISE YOU to consult an experienced Probate Attorney licensed in the state of Oregon and this is NOT legal advice.

I do not know anything about your situation including where this case is filed, what disposition it's in (including time limitations) and this is GENERAL advice not specific to your case and NOT to be relied upon. DO NOT RELY ON ANYTHING I SAY HERE.

Your question poses way more questions than it answers.

Claims against an estate are governed by ORS 115.

http://www.leg.state.or.us/ors/115.html

I'm not sure if you've filed a proper claim.

I'm also not sure what exactly you're trying to discover because probate court functions differently than a regular civil court.

Not sure exactly how the ORCP applies in Probate Court, but at least if you were in civil court you'd be looking at Rule 46 "FAILURE TO MAKE DISCOVERY; SANCTIONS"

http://www.leg.state.or.us/ors/orcpors.htm

Because of this delay you've mentioned, I wonder if you're doing this correctly. Again, you need to call and HIRE and attorney if you are serious about pursuing your case.

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Answered on 9/20/05, 1:56 pm


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