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Oregongrl

Grandmothers Will

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I was told that there was a "Will" done years ago before my grandfather had passed away & my uncle told me that my grandmother could of redone the "Will" after the passing of my grandmother.  My grandmother passed away years ago and I had tried to find out where the "Will" might be but was told by my uncle he was not sure where this "Will" is.  After that conversation with my uncle he avoids running my calls, siblings and other family members calls it's like he is completely avoiding the whole family all together.  So right now I am just trying to find this "Will" and it should of been registered in Tillamook county she lived in Manzanita, Oregon.

 

Thank you!

 

Oregongrl

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We'll assume for the moment that Tillamook County court is the right place for any probate cases to be filed. Beyond that I won't assume anything else so please answer the following:

 

Did you visit, or contact, the courthouse for a search of probate records under both of your grandparents' names?

 

If yes, with what results?

 

If no, then do it and report the results and we'll go on to the next step if you want to.

 

I write "if you want to" because it's likely to be futile because you probably wouldn't have shared in the estate with or without a will. You might also explain what your goal is and why you are on this hunt.

 

 

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Did you mean to say that "my grandmother could have redone the will after the passing of my GRANDFATHER"?

 

Visit the county courthouse to look at the actual probate file to see what type of probate action was done (if anything was done at all), with or without a will and look at the page in the probate file to see which names were listed as heirs.

 

What years did the deaths occur?

 

You do realize that you as a grandchild should not expect to be receiving anything from this estate unless you were named as a beneficiary in the will.

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On 8/5/2016 at 10:30 PM, Oregongrl said:

 

I was told that there was a "Will" done years ago before my grandfather had passed away

 

 

Told by whom?

 

 

On 8/5/2016 at 10:30 PM, Oregongrl said:

my uncle told me that my grandmother could of redone the "Will" after the passing of my grandmother.

 

Your grandmother couldn't do anything after she died.  Your grandfather could have (not "could of") redone his will at any time before he died, as long as he was mentally competent.

 

Beyond that, you didn't ask a question, so I'm unsure what the point of your post is.  If no one can locate a will for either of your grandparents, then their estates can be probated under the intestate law.

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My grandfather told my husband & my brother on (2) separate occasions.  My grandmother would of probably redone the (Will) before she passed away that is just word say from my uncle.  

My reasoning is to find out what this (Will) said & get pictures of my mother who died when I was 4 years old, which I have a written letter from my grandmother saying us children once we were

adults could have the pictures with signed signature.

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11 hours ago, knort4 said:

Did you mean to say that "my grandmother could have redone the will after the passing of my GRANDFATHER"?  Yes

 

Visit the county courthouse to look at the actual probate file to see what type of probate action was done (if anything was done at all), with or without a will and look at the page in the probate file to see which names were listed as heirs.  I guess that is the next step I need to do.

 

What years did the deaths occur? 2009

 

You do realize that you as a grandchild should not expect to be receiving anything from this estate unless you were named as a beneficiary in the will.  Yes, but because my mother had passed away when I was 4 years old I've been told that it goes to the next of kin.

 

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3 hours ago, pg1067 said:

 

Told by whom? My grandfather before he passed away.

 

 

 

Your grandmother couldn't do anything after she died.  Your grandfather could have (not "could of") redone his will at any time before he died, as long as he was mentally competent.

 

Beyond that, you didn't ask a question, so I'm unsure what the point of your post is.  If no one can locate a will for either of your grandparents, then their estates can be probated under the intestate law.

 

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On 8/6/2016 at 7:42 AM, adjusterjack said:

We'll assume for the moment that Tillamook County court is the right place for any probate cases to be filed. Beyond that I won't assume anything else so please answer the following:

 

Did you visit, or contact, the courthouse for a search of probate records under both of your grandparents' names?  I called them but do not recall what I was told.  So I will be making this call again & let you know.

 

If yes, with what results?  Will reply back to this question

 

If no, then do it and report the results and we'll go on to the next step if you want to.  Great! 

 

I write "if you want to" because it's likely to be futile because you probably wouldn't have shared in the estate with or without a will. You might also explain what your goal is and why you are on this hunt. 

 

My reasoning is to find out what this (Will) said & get pictures of my mother who died when I was 4 years old, which I have a written letter from my grandmother saying us children could have the pictures once we were adults the letter is with a signed signature.

 

 

 

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28 minutes ago, Oregongrl said:

My reasoning is to find out what this (Will) said & get pictures of my mother who died when I was 4 years old, which I have a written letter from my grandmother saying us children could have the pictures once we were adults the letter is with a signed signature.

 

If that's all you want I don't think the will or the probate file will help much after all this time.

 

Who has the photos now?

 

And why wouldn't you have just asked for duplicates?

 

Or checked with other relatives?

 

 

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2 hours ago, adjusterjack said:

 

If that's all you want I don't think the will or the probate file will help much after all this time.

 

Who has the photos now?  My uncle & he avoids all of the family will not return calls at all,we have all tried calling him for different reasons

 

And why wouldn't you have just asked for duplicates? No communications from him.

 

Or checked with other relatives? I have tried that no pictures.  Also I had forgotten to include the house that belonged to my grandparents before they passed away & valued at about $300,000.00.

 

 

 

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1 hour ago, Oregongrl said:

Who has the photos now?  My uncle & he avoids all of the family will not return calls at all,we have all tried calling him for different reasons

 

And why wouldn't you have just asked for duplicates? No communications from him.

 

Unfortunate.

 

1 hour ago, Oregongrl said:

Or checked with other relatives? I have tried that no pictures

 

Try other avenues of approach. Contact your mother's contemporaries and see if you can find out what schools and/or college she went to. Schools and colleges often archive class and individual photos and yearbooks that you might be able to view. Try classmates.com with her maiden name and location where she grew up.

 

1 hour ago, Oregongrl said:

Also I had forgotten to include the house that belonged to my grandparents before they passed away & valued at about $300,000.00.

 

Your grandparents likely owned the house jointly with right of survivorship so when one died the other one got the house, and might not have needed probate for anything else. But when the second grandparent died there should be a probate file which might have the will in it. You can also check the deeds at the county recorder where the property is located and get copies of the deed changes to see who got it after they both died.

 

You refer to your uncle and you reveal that your mother died when you were young. Where is your father in all this?

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7 minutes ago, adjusterjack said:

 

Unfortunate.

 

 

Try other avenues of approach. Contact your mother's contemporaries and see if you can find out what schools and/or college she went to. Schools and colleges often archive class and individual photos and yearbooks that you might be able to view. Try classmates.com with her maiden name and location where she grew up.

 

 

Your grandparents likely owned the house jointly with right of survivorship so when one died the other one got the house, and might not have needed probate for anything else. But when the second grandparent died there should be a probate file which might have the will in it. You can also check the deeds at the county recorder where the property is located and get copies of the deed changes to see who got it after they both died.

 

You refer to your uncle and you reveal that your mother died when you were young. Where is your father in all this?

 

7 minutes ago, adjusterjack said:

 

Unfortunate.

 

 

Try other avenues of approach. Contact your mother's contemporaries and see if you can find out what schools and/or college she went to. Schools and colleges often archive class and individual photos and yearbooks that you might be able to view. Try classmates.com with her maiden name and location where she grew up.

 

 

Your grandparents likely owned the house jointly with right of survivorship so when one died the other one got the house, and might not have needed probate for anything else. But when the second grandparent died there should be a probate file which might have the will in it. You can also check the deeds at the county recorder where the property is located and get copies of the deed changes to see who got it after they both died.

 

You refer to your uncle and you reveal that your mother died when you were young. Where is your father in all this?  My father after the automobile accident had remarried so he does not care about the matter & is still very bitter regarding my mother.  The accident it took place back in 30 January 1968, there were (5) people in the car and I was the only survivor when it took place.

7 minutes ago, adjusterjack said:

 

Unfortunate.

 

 

Try other avenues of approach. Contact your mother's contemporaries and see if you can find out what schools and/or college she went to. Schools and colleges often archive class and individual photos and yearbooks that you might be able to view. Try classmates.com with her maiden name and location where she grew up.

 

 

Your grandparents likely owned the house jointly with right of survivorship so when one died the other one got the house, and might not have needed probate for anything else. But when the second grandparent died there should be a probate file which might have the will in it. You can also check the deeds at the county recorder where the property is located and get copies of the deed changes to see who got it after they both died.

 

You refer to your uncle and you reveal that your mother died when you were young. Where is your father in all this?  My father & mother devorsed

 

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I can't make heads or tails of your numerous follow up posts since you seem to have quoted all the other responses and not added anything new, except for your first follow up post.  As far as I can tell, this is simply about getting copies of some photos, in which case, all you need to is ask the person who has them.  Not really a legal issue.

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9 hours ago, Oregongrl said:

My father after the automobile accident had remarried so he does not care about the matter & is still very bitter regarding my mother.  The accident it took place back in 30 January 1968, there were (5) people in the car and I was the only survivor when it took place.

 

That's tragic. I'm sorry for your loss.

 

By the way, if you highlight just one sentence or paragraph that you want to respond to, you'll see the words "quote this" appear. Click on "quote this" and it'll bring that sentence down to a new message space.

 

I tend to agree with PG1067 that there is no legal issue here so all I can do is make suggestions on how to look for pictures of your mother. I've already made some, here's some more.

 

Since your uncle (your mother's brother?) is apparently estranged from the family, maybe you should make a move to get re-acquainted and mend some fences, tabling the picture issue for later.

 

Another possibility (a bit macabre, I'll admit) is check the archives of your local newspapers and see if there is an obituary photo of your mother, or a photo of her in the article about the accident.

 

Beyond that, I'm out of ideas and hope you find what you are looking for.

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Jack, Thank you very much Jack!  Today I called Tillamook County Recorders office & nothing I am kind of stuck and need to forget about the "Will".  Just one question if I may, regarding our mothers pictures

I have the letter written by my grandmother do you think I could win a court case because of the written letter?  I have attached the letter so you are able to read it & what might it cost me to get a attorney

to handle this situation?   Thank you for all of your efforts & help!!!!   Angela

Grandma's Letter.jpg

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The average attorney's fee these days are about $300 per hour and attorney's typically require a retainer up front that could be a thousand or two.

 

Probably not practical to go that route since that letter is not a valid bequest under probate law. If it conflicts with the terms of the will, a letter like that becomes an option and not an obligation.

 

When my mother died her will left everything to the four of us siblings to be divided equally. When we were cleaning out her co-op we found a letter addressed to us asking that our younger sister be given the proceeds of the sale of the co-op. We had no obligation to do that but we did it as a matter of choice.

 

I agree that you are probably stuck with regard to any legal recourse, so try the other avenues of approach that I suggested.

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11 hours ago, Oregongrl said:

do you think I could win a court case because of the written letter?

 

I'm not sure whom you'd be suing or for what.  I assume the person who wrote this letter was your grandmother (did EVERY woman of that time have perfect penmanship?!  it looks like something my mother might have written!).  There's no legal significance to anything in the letter.  It expresses Lois's intent to get "a copy of the article in the Hawthorne paper" to Ruth and Doug and state that Lois had "put away some pictures and keepsakes for the kids when they are older."  In my view, that's not an expression of testamentary intent.  You didn't say when your grandmother died ("years ago" doesn't tell me anything), so I have no way of knowing if it was 40 years ago, 20 years ago, any time after you reached adulthood, or just a few years ago, and that may make a big difference.

 

 

11 hours ago, Oregongrl said:

what might it cost me to get a attorney

to handle this situation?

 

No less than $150 per hour, but higher rates are more likely.  If all you're trying to get are photographs that have no tangible value (whatever sentimental value they have is only meaningful to you), you're going to have to pay on an hourly basis, and a fight over something like this could get fairly expensive fairly quickly.

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