Legal Question in Wills and Trusts in Oregon

Re: Time will needs to be read

I am sorry to hear about your brother.

Generally, before members of the military are deployed, they are encouraged to make a will. If your brother made one, you may be able to find out from the JAG assigned to his unit if one was done and possibly where it is.

There are no rules in Oregon regarding a need to "read" a will within 30 days of the person's death, so you do not need worry about that.

If your brother's affairs need to be attended to before his possessions are located and returned to his family, it is possible to have someone appointed as Personal Pepresentative without a will. I recommend you meet with an attorney for assistance in deciding who should apply to be Personal Representative for your late brother. The statutes list an order of preference for who should be appointed if there is no will.

If your brother did not leave a will (or a document that meets Oregon's requirements to be considered a will), then state law will determine how your brother's assets will be distributed. Again, an attorney can assist you with this information as it can get a bit complicated, depending on your brother's family.

If you are concerned about a contest, you definitely need to see an attorney.

Our office offers a low cost initial consultation and is very experienced in handling estates.