CAN WE READ A WILL AND WHERE DO WE FIND IT?

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CAN WE READ A WILL AND WHERE DO WE FIND IT?

My husband’s grandparents raised him and they both died several years ago. My husband was sure he was left a cabin or money that his grandparents owned. My husband’s mother said there is nothing for him. Can he find their Will at a court house in Portland, OR? He was also supposed to get his grandmother’s car and his mom sold it a week before his grandma died; his mom kept the money for herself.

Asked on July 24, 2011 Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When someone dies with a Will, the Will is probated in the state and county of their domicile. In this instance it looks to be Portland, OR. Your husband can view a copy of the Will there for a nominal fee. The fact is that if the Will was probated and he was not notified that he means that he was not listed as a beneficiary.

If his grandfather died without a Will then he died "intestate". So the "intestacy" laws of OR will control. Typically such an estate is divided between the surviving spouse, if any, and the deceased's children. If the deceased was not married at the time of their death, then the children inherit all. In this case that would be your mother-in-law.


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