“Concerned about potential inheritance loss due to missing will and mother’s request to sign away rights? Need advice on next steps? Looking for help with government settlement money process in Oregon? Worried about reckless spending? #inheritance #missingwill #governmentsettlement #Oregonlaw #recklessspending #familyissues“
Please elaborate on “there are three witnesses but no will”
Have you been presented with an actual document (that your mom wants you to sign)? If so, what does it say?
Step one does seem to be **just don’t sign it, that was easy**, but these questions could reveal clues about how to get what your stepdad wanted you to get.
Absent a valid will, intestate succession in Oregon does not give a share to stepchildren. The settlement would be split between the surviving spouse and natural or adopted children, so you might not have an interest in this matter. The settlement attorneys may require your signature as they typically cover all basis without regard to individual state law unless it becomes a factor.
If your stepfathers estate went through probate, there will be files on it. Check the county on which he died.
I know where I live, you can search their website as estates are public due to laws surrounding them and inheritance. If they have it, all paperwork, including will, would be attached to the estate case. If they don’t have an online search, call or email them.
As your stepfather passed away in Oregon, his estate will be governed by Oregon probate laws. In Oregon, if a will cannot be found, the estate is typically distributed as if no will existed (i.e., according to the state’s intestate succession laws). Under these laws, you may be entitled to a portion of the estate as his stepchild, depending on several factors.
My recommendation would be to file a petition with the probate court to compel your mother, as the likely personal representative of the estate, to produce the will if it exists. The court has the power to demand that the will be filed and can hold your mother in contempt if she fails to comply with a valid order.
If the will truly cannot be located and the witnesses cannot be found or are deceased, you may need to consider pursuing a determination of heirs proceeding to establish your legal right to inherit under Oregon law. This would involve providing evidence to the court to demonstrate your relationship to your stepfather and arguing for your entitlement to a share of the estate.
Regarding the government settlement, if those funds are considered part of your stepfather’s estate, they should be distributed according to the terms of the will or Oregon’s intestate succession laws. Your mother should not be able to unilaterally decide how those funds are allocated.
If your stepfather’s death was caused or contributed to by the contamination, the claim is probably a wrongful death claim. Depending on the jurisdiction, the claim may not belong to the estate. Most wrongful death statutes designate certain beneficiaries that have a claim, spouses and children, for example. Stepchildren may be included as beneficiaries. You really need to speak to a lawyer that does wrongful death law in your state to see if you might be giving up any rights.