Legal Question in Wills and Trusts in Oregon
Time line for contesting a will
My father passed away this past June and his widow has waited 2 months to send me a copy of his last will and testament which is dated during the time when my father was physically unable to read, write, or type and was also mentally incompetant. I am his only biological child and have been completely cut out of the will. Do I still have the time and right to contest this will?
2 Answers from Attorneys
Re: Time line for contesting a will
In order to probate the Will you, as a son, must receive a Citation from the Surrogate's Court. The receipt of the Citation starts the period during which you may contest the Will.
Re: Time line for contesting a will
Yes, and I suggest acting quickly, as there are time limits which can be checked on the Surrogate's website. I also suggest you get medical records to verify your claim of his inability to read, write and comprehend, as well as his incompetency.
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