Legal Question in Wills and Trusts in Oregon
When will I receive a copy of the will?
Recently my wife's grandmother passed. She has a very large estate; real property, cash assets, etc. The executor of the estate (her brother) has so far been mum on anything to do with the specifics of the will, which we are confident exists. I recently checked with thecounty to see if a will had been filed and they advised me thatone had not, as it can take months for the will to be filed in large estates. My question is this: will my wife ever receive a copy of the will even if she is not specifically mentioned in it? If she is not mentioned specifically, what power does the executor of the estate have over deciding how the assets are to be distributed?
1 Answer from Attorneys
Re: When will I receive a copy of the will?
The will should be admitted to probate at the same time that a personal representative of an estate is appointed. It appears that a probate has not been opened yet.
You might not be entitled to notice by statute as (an heir or devisee), so I would keep checking with probate court until the will is filed so that you can examine the will if you are interested to know what it says.
The Personal Representative has to generally follow the letter of the will, of course there may be some necessity for clarification on the terms. If you have some concerns about what is about to happen, there is a lot to this, and you should find a lawyer to help you with this.
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