I would like to know if my father had a will and how can I get a copy of it if there’s one

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I would like to know if my father had a will and how can I get a copy of it if there’s one

My father’s name was James Darwin
Renfro
Ssn540606685
Dob8/3/1949
Date of Death5/25/2000
County and address of death Linn county
Oregon ,City,Brownsville,Oregon

My info is James Joseph Renfro
Sob 7/31/1974
Ssn541883362
Mothers Name Debra June Renfro

Asked on July 29, 2017 under Estate Planning, Oregon

Answers:

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

Answered 3 years ago | Contributor

First of all, as to wether or not your father had a Will, you need to carefully look through all of his personal belongings, you may find it there. If not contact other family members and his friends to see if he ever mentioned a having a Will. You can also check with his lawyer and ask, or if he had an accountant, etc. they may know of the existence of a Will. Finally, you can check with the local probate court in the county in which your father was domiciled, as they allow the filing of Wills pre-death for safekeeping. If it is with the court or you find ut that the named eecutor has it, you are entitled to a copy. In the eyes of the law you are an "interested party". This menas that you are someone who would have inherited if there was no Will (via to something known as "intestate succession"). Therefore, since whether or not there is a Will affects your rights, you have a stake or "standing" to view a copy. Further, this stake is sufficient enough to give you the right to bring a legal action to view it, if necessary. Finally, it is determined that your father did not have a Will, then he died "intestate" which means that as his heir you are entitled to a portion of his estate.


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