Full question:
If I hire an attorney, can my half-sister be required by the courts to provide a copy of my step-father's will to me? We know absolutely nothing of my mother's or step-father's (who are now both deceased) wishes written in the Will. Is this legal? We only know what she is telling us and she is not telling us anything. She has changed the locks on the doors and she is the only one who has access to the home and all it's contents including photos left by my mother in the house. I am leaving the state on July 31, 2011 for 21 days. Do I need to take any action within a period of time or can I pursue this matter after August 25th? My step-father died on July 10th.
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: Oregon
Answer:
You may be able to view the will at the Probate or Surrogates Court if it has been filed. If it hasn't been filed yet, you can initiate an action for the Administration of the Estate, requesting to be named the Administrator. This action can compel the production of the will in court, allowing you to see its contents and who was named in it.
In Oregon, there is a one-year time limit to file or probate a will. It's advisable to act as soon as possible. If the will isn't filed within a reasonable time and someone is disadvantaged as a result, the court may penalize the will holders and favor the disadvantaged party.
For specific guidance on how to proceed with this action, consult a local probate attorney. Relevant Oregon statutes include: 113.027, which addresses the limitation on admitting a will to probate, and 113.035, which details the petition process for appointing a personal representative and probating a will.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.