Small estate probate/contesting wills

What is the name of your state (only U.S. law)? Oregon

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my grandparents had seperate wills that mirror one another both leaving me the house after surviving spouse was deceased. My grandfather died in 1996, and my grandmother in 2009. They raised me and we were very close until both deaths, and my grandma never said anything about changing the wills, and infact had given me copies to hold onto. my mother, who is the exectetor of the wills, after my grandmas death, stated she has a codicil omitting me from the house, she states now that the origanol will and codicil is "missing" and filed copies into probate. The codicil has my granfathers wrong middle name in it, my grandma did not sign her middle name, and it almost seems like the area where my should be, was just simply "forgotten". I am of limited means, and the rest of the family are all homeowners, My children and I need the house, but dont know where to start to fight this on without spending money I dont have. anyone know what type of contestment I can file? ORS statues, should I bother? Was the a marital tax clause will? PLEASE HELP TIMES RUNNING OUT! The codicil looks like a fake, but im not an expert. her name is her sig,but not how she did it on the will. And it was written a week before my grandpas death, and she was his sole provider, I cant imagine her taking time just to go to laywer just to write me out, when there was no reason, or indication. My mom is heir, along with her siblings, and I am estranged from them all due to the fact my grandparents favored me. im up against a wall and know im right, how do I PROVE it to a judge[/FONT]

my mother, who is the exectetor of the wills, after my grandmas death, stated she has a codicil omitting me from the house, she states now that the origanol will and codicil is "missing" and filed copies into probate.

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can you explain that? What are you considering a copy?

how was title to the property held?

was grandfathers will ever probated?

Please answer the questions you have been given.

Has anything been filed at the probate court yet? You need to have a serious consultation with a probate attorney to figure out your options. There may be so many things wrong with the codicil that there are other measures that can be taken that do not involve officially contesting the will.

justalayman said:

can you explain that? What are you considering a copy? they filed a paper that stated the will and codicil original were lost but not revoked.

how was title to the property held?
it went from my grandfather to my grandmother.
was grandfathers will ever probated?

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never. And still has not been

we have a martital tax trust here in oregon that can reduce death and other fines that legally fall along the way things have went here. My grandpas will was never filed in court. I have an aunt in Co. that states she agrees with me that my grandmother would of never done this to me and if needed she will stand in court and say that. Should I ask her to draw up an attestment?

and no warm and fuzzy. just straigt and to the point. the facts, warm or cold is all Im looking for here.

You need an attorney. If the wills have not been probated, you have a problem unless the house was titled to the trust. Swearing as to the intent of a person when there is a will out there which differs is meaningless unless there is an accusation of the invalidity of the will. Being different from intent would not be an example of what could invalidate the will.