QUESTION
Can we view what dad's original wishes were and with no willing assistance, how could we find it?
Asked on May 17th, 2016 on Estate Planning - Oregon
More details to this question:
My father passed away almost 2 years ago. My 3 siblings and I never saw his will. Recently, stepmother of 48 years passed away. Her 4 children (none dad's) stated mom recently changed her will, with an attorney, and none of us are named in it, so we are not allowed to be at the reading. Is that correct?
1 ANSWER
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There is no more "reading of the will." That was Hollywood, and I don't know, maybe they did that in the 19th century. Now, the will is submitted to the probate court, and then anybody can see it. If there are substantial assets that you feel you are entitled to, then hire a lawyer now and begin the investigation. My guess (it's just a guess) is that your father's will said "all to my spouse." Everything to the step-mom, and you're out. If you could show that your dad and his wife had a joint estate plan and an agreement not to change the plan after the death of the first, then you have an argument. But lawyer up now and get to work on it, because your chances of recovering anything are slipping away.
Answered on Jun 09th, 2016 at 6:35 PM