Mountain Home, AR asked in Estate Planning and Probate for Oregon

Q: I'm an only child, but dad claims no descendants in his will and he sadly passed away. Do I have any rights?

Unfortunately, my dad and I have been estranged for years. He was 80 years old when he created his will, and he stated he was not married (true) and had no children (false). He has since passed and left his entire estate to a charity. In his will, he did not specifically disinherit me, mention my existence, or include any other family member by name.

However, when the probate was filed, his brothers and sisters were mentioned by name as heirs, along with the charity. Again, I am not mentioned. Even though we were estranged, as the closest living heir, do I have any rights to contest the will to keep the brothers and sisters from getting any of the estate?

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Yes, you have the right to contest your father's Will. I recommend you contact the attorney who is representing the Personal Representative and let them know that you are your father's child. Be prepared to prove this fact with a birth certificate, genealogy information, old letters/cards from your father, etc.

You should also hire a probate litigator to represent you right away because there may be important deadlines to contest your father's Will.

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