Inheritance Dispute Resolution Steps

Summary

In Oregon, if probate was never started for a will, you may need to initiate proceedings by filing a petition in probate court. The statute of limitations is generally four years, but exceptions exist for fraud or lack of knowledge. If you cant find the will, consider witness testimony, previous copies, or estate records. To access your fathers home or obtain your brothers cooperation, you may need a court order. Legal Aid Services of Oregon can provide assistance if needed.

Full Conversation

Stolen inheritance
Hi ****! I can provide some general information about inheritance disputes. Could you let me know which state you are in? This will help in giving you more specific advice.
Oregon
Hi ****! For inheritance disputes in Oregon, here are some general points:
- Oregon has specific laws governing wills and estates.
- If you believe your inheritance was wrongfully taken, you may need to challenge the will or trust.
- You might need to file a petition in probate court.
Could you provide more details about the situation? For example, was there a will or trust involved?
There was but it was never filed and probate was never started
****, since there was a will but probate was never started, you might need to initiate probate proceedings in Oregon. Here are some steps:
- File a Petition: Start probate by filing a petition in the appropriate probate court.
- Notify Heirs and Beneficiaries: Ensure all relevant parties are informed.
- Validate the Will: The court will authenticate the will.
Have you considered consulting with an estate attorney to guide you through the probate process?
I have no money
****, if you can't afford an attorney, here are a few options:
- Legal Aid Services of Oregon: They offer free legal services for those who qualify.
- Pro Bono Programs: Some lawyers may take on cases for free.
- Court Self-Help Centers: They can provide guidance on probate procedures.
Would you like more details on any of these options?
Pro bono
****, here are some pro bono resources that might be helpful:

Legal Aid Services of Oregon


Phone: (*) *-*
Website: www.oregonlawhelp.org
Would you like more information on how to get started with them?
No but my father died in *
****, since your father passed away in * and probate was never started, it's essential to act quickly because there might be time limits on challenging the will or starting probate. In Oregon, you generally have a limited period to initiate probate after someone passes away, but there could be exceptions.
Would you like more information on the statute of limitations for probate in Oregon?
Yes and I was kept away from all of the estate stuff my brother told me I wasn't welcome and I was left out which is why it has taken this long
****, I'm sorry to hear about your situation. In Oregon, the statute of limitations for initiating probate is generally four years from the date of death. However, exceptions might apply if you were unaware of the will or if there was fraud involved.
Would you like more details on how to potentially overcome these limitations in your situation?
Please
****, here are a few points to consider:
- Fraud or Concealment: If you can prove that your brother concealed the will or engaged in fraud, you might overcome the statute of limitations.
- Lack of Knowledge: If you were unaware of the will, you may have grounds for an exception.
Would you like more information on how to prove fraud or concealment in Oregon probate cases?
Yes but if you can't find the will how can you prove anything
****, if you can't find the will, you might still have options:
- Witness Testimony: Those who knew about the will can testify.
- Previous Copies: Look for any drafts or copies of the will.
- Estate Records: Check for any records indicating the existence of the will.
Would you like more details on these options?
Yes
****, here are more details on the options:
- Witness Testimony: Seek out individuals who can attest to the existence and contents of the will.
- Previous Copies: Search through your father's personal files, safe deposit boxes, or consult with his previous attorney.
- Estate Records: Check financial records, bank statements, or other documents that might reference the will.
Would you like more specific advice on gathering this evidence?
Ok ty
****, here's some specific advice for gathering evidence:
- Witness Testimony: Identify and contact individuals who had knowledge of your father's will. They can provide crucial testimony regarding its existence and contents.
- Previous Copies: Search through your father's personal papers, safe deposit boxes, or speak with any attorneys he might have consulted.
- Estate Records: Review financial documents, bank statements, or any other records that might indicate the will's existence.
If you need further assistance or have additional questions, feel free to ask!
I'm not allowed around my fathers home
****, if you're not allowed around your father's home, you might need to take additional steps:
- Court Order: You may need a court order to access the home and search for the will.
- Legal Assistance: Contact Legal Aid Services of Oregon for guidance on obtaining a court order.
Would you like more details on how to obtain a court order?
Yes
****, here are some steps to obtain a court order to access your father's home:
- File a Petition: Submit a petition to the probate court outlining the reasons you need access.
- Provide Evidence: Present any evidence you have about the will's existence.
- Court Hearing: Attend a court hearing where the judge will decide on your request.
Would you like more details on filing the petition?
Yes
****, here are more details on filing a petition to access your father's home:
- Draft the Petition: Clearly explain why you need access, including your reasons and any relevant information about the will.
- Gather Evidence: Collect any evidence that supports your claim, such as witness statements or documents indicating the existence of the will.
- File with Probate Court: Submit the petition to the appropriate probate court.
- Attend Hearing: Be prepared to present your case at the court hearing.
Would you like more assistance with drafting the petition?
Yes
****, here's a concise guide on drafting your petition:
Petition Drafting Steps:
- Introduction: State your name and relation to the deceased.
- Reasoning: Explain why you need access to the home, highlighting any evidence you have about the will.
- Evidence: Attach any supporting documents or witness statements.
- Conclusion: Request the court to grant you access to your father's home.
Would you like a sample template to help you draft the petition?
Can I petition the court to have my brother give me my dad's lawyers name
****, you can petition the court to compel your brother to disclose your father's lawyer's name. This could be part of your effort to locate the will and gather more information about the estate.
Would you like more guidance on how to file this specific type of petition?
Yes please
****, here's how you can file a petition to compel your brother to disclose your father's lawyer's name:
- Draft the Petition:
- Introduction: State your name and relationship to your father.
- Reasoning: Explain your need to locate the will and any relevant information.
- Request: Specifically ask the court to order your brother to provide the lawyer's name.

- Gather Evidence: Include any documents or testimonies that support your claim.
- File with Probate Court: Submit the petition to the appropriate probate court.
- Attend Hearing: Present your case at the court hearing.
Would you like a sample template or more details about the process?
Yes
****, here's a sample template to help you draft your petition:
~Petition to Compel Disclosure of Lawyer's Name
Introduction:
- Your Name: ****
- Relation to Deceased: Daughter of [Father's Name]
Reasoning:
- Need for Disclosure: I need the name of my father's lawyer to locate the will and gather essential information about the estate.
Request:
- Specific Request: I request the court to order my brother, [Brother's Name], to disclose the name of my father's lawyer.
Evidence:
- Supporting Documents: Attach any documents or witness statements indicating the existence of a will or the need for the lawyer's information.
~Filing Steps:
*. Draft the Petition: Follow the template above.
*. Gather Evidence: Collect any supporting documents.
*. File with Probate Court: Submit your petition to the appropriate probate court.
*. Attend Hearing: Present your case at the scheduled court hearing.
Would you like more details about the filing process or any other assistance?
No I think I can figure it out from here
****, it sounds like you're on the right track. If you have any more questions or need further assistance in the future, don't hesitate to reach out. Good luck with your case!
Ty
****, based on your situation, you may have a potentially strong case for pursuing probate and addressing the issues with your brother. If you encounter any complications, consider reaching out to Legal Aid Services of Oregon for further assistance. Good luck!
Would you like to know more about any specific aspect of your case?