Q: Do I have a right to see my grandmother's will if my potential children are listed as beneficiaries and not myself?
My grandmother passed away a couple years ago. In her will she left a trust (I think) to pay for her great grandchildren's college tuition. I am married but don't yet have children. Do I have a right to view my grandmother's will?
A: If the will was submitted to the court, then your grandmother's estate would be subject to probate, which is a process whereby the court oversees the distribution of your grandmother's assets under her will. You could get a copy of the will from the courthouse if a probate proceeding has been initiated. Ordinarily, only beneficiaries of the will are entitled to notice of the proceedings and a copy of the will. You are not a beneficiary under the will so you are not entitled to receive a copy of the will.
A:
Normally a trust provision to set up a trust for children or grandchildren is limited to "lives in being" which means only the people that are alive when grandmother died. (There may be a clause that allows for babies that were in utero at the time of death and are later born alive.) But generally speaking a will or trust does not benefit unborn people. There can be exceptions but that would be unusual.
There really isn't a way to compel someone to show you the will. If someone is named a beneficiary, the fidicuary or PR in charge of the will would necessarily have to contact the beneficiary but you aren't a beneficiary apparently. Also, if the will was probated, the will would be filed with the court and then would be view-able by anyone as it would be a public records at that point. However Oregon Law doesn't require a probate every time someone dies, so probate is optional and only done if it is needed for some reason.
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