Q: How do I find out if my late father had a will in Oregon and if anything was left to me?
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house, claiming she's following his wishes. However, I’m unsure if this is accurate as I have received no official documents or confirmation about a will. I would like to find out if my father had a will and, if not, how to determine if any part of his estate was left to me. I currently reside in Montana.
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- Oregon
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A:
Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for probate proceedings.
You should check with the clerk of the Probate Court in whatever county in Oregon that he resided or had property to see if they can find a record of any type of filing related to your father's passing. If so, any interested person may petition the court for the appointment of a personal representative and for the probate of a will.
Remember, this information is not intended to be legal advice and is for general informational purposes only. This communication does not constitute or create an attorney-client relationship. For legal advice, you should consult with a licensed attorney in Oregon about your specific circumstances.
A: If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system and also order the deed for the house to see how it is titled. This will give you some more information.
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