How do I find out if my father has a Will?

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How do I find out if my father has a Will?

My sister is in one state and I am in another. She tells me he had no Will but I would have to buy her half of his house if I want to move into it. It has been 5 years and my sister has done nothing with the house. She is the executor of the Will and will not tell me anything. I called the probate office and they told me no Will has been filled but should’t I have at least received a copy of it?

Asked on July 3, 2012 under Estate Planning, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is no Will being provided you concerning the passing of your father despite requests by you to your sister for such, then your option to close out your father's estate is to retain a Wills and trust attorney to administer it. In an estate administration process the court essentially distributes the assets of a person who dies without a Will or trust in place to the designated heirs of the decedent per state statute.

By filing a petition to administer your father's estate will most likely force your sister to come forward with any Will of your father that she may have. If there is no Will then the administration process will start the process of closing out your father's estate where you can end up deciding if you will be in a position to get your father's home.


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