How to determine who a person’s heirs are?

Get Legal Help Today

 Secured with SHA-256 Encryption

How to determine who a person’s heirs are?

My father passed away several years ago and his estate was never probated. Over 3 years have passed so his estate is intestate. At the time of his death his surviving heirs were: Spouse (since deceased; 1 child with spouse (since deceased); 2 children from previous marriage. My brother and I petitioned the court for a Determination of Heirs and were granted a hearing. Do I need to attend this hearing? I live out of state and it would be a hardship to attend. My brother seems to believe that the heirs will be determined by who shows up at the hearing. I believe from reading the statute that it would be based on the surviving heirs at the time of his death. Which is correct?

Asked on October 11, 2013 under Estate Planning, Oregon

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

At a hearing to determine who the heirs are, the determination will not be made based on who shows up at the hearing.  It should be based on who his surviving heirs were at the time of his death, and where those people are since deceased, who their surviving heirs were at the time they passed away.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption