How to protest a will

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How to protest a will

The will was wrote up as If the husband was
dead prior to the passing of wife, she owned
the property, he owns the house on property.
She willed property to her kids, how do we stop
them from selling the property and house until
he passes? We are in Oregon state.

Asked on February 4, 2018 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is hard without reading the documents hre to give you an exact answer.  But the husband is entitled to a portion of the estate of the Wife and can not be written out of the Will. There is something called the "elective share" and a petition and/or motion must be filed within specific time limitations.  Get help from both an Estate attorney and a Real estate attorney asap. Good luck.


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