Articles Tagged with Wills

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How did we answer that? Public Records and Finding a Will

We received a public records request through the County’s online public records portal. The question was whether the County had a relative’s will. There are two questions here: what is a public records request for, and how can I find a relative’s will.

A public records request is any attempt to get access to a record of a government or public entity. In Oregon, state law provides a broad right of access to records generated by or for public entities. The Attorney General has a Public Records and Meetings Law Manual. That explains Oregon’s laws in greater detail. Many public entities have a portal where you can submit a public records request. If not, you should be able to contact the entity. Some records may already be easily available. For example, city or county codes or ordinances, or public meeting minutes, may already be on the organization’s website.

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A patron came in who had lost her father. She knew she needed to do something about his estate but had no idea where to start. A friend had told her she might not need to file anything with the court. She wanted to know what to do and if the court needed to be involved.

First, we pointed her to resources, such as law dictionaries, to explain a couple basic terms.

  • Probate is the court process of appointing, and overseeing, someone to administer an estate, identify heirs, inventory assets, pay debts, and distribute the remaining property. This process is handled by the Probate Department of the court.
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Appointing a Health Care Representative and Giving Health Care Instructions (form).

You can find this form (and future updates) and additional information at the Oregon DCBS Advance Directives website.

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Online ABA Journal article: “Estate dispute caused by ‘E-Z Legal Form’ is a ‘cautionary tale,’ says justice,” by Debra Cassens Weiss.

“Ann Aldrich used an “E-Z Legal Form” when she made out her will in 2004, a decision that proved to be a good choice for two nieces who cited the document’s lack of a residuary clause.

In a decision issued last week, the Florida Supreme Court ruled for the nieces, though they weren’t mentioned in the will. The court said money acquired by Aldrich after the will was made out should be distributed under the laws of intestacy, which govern distribution of property for those who die without a will. The reason: The E-Z form did not have a residuary clause providing for the disposition of property not listed in the document….” [Link to full article.]

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