B
Blue Eagle
Guest
My Mother's Probate is held in Portland, Oregon. My Mother left two documents that leave more questions than answers. She left a "mirrored or "reciprocal" Last Will & Testament and an active prenuptial agreement between her and her husband.
My questions are this: My understanding is that a "mirrored or "reciprocal" Last Will & Testament is in fact a contract which requires the absolute expectation of an agreement between two or more persons that creates an obligation to do or not to do a particular thing. In my Mother's case, her will states that her husband's will MUST be the same ("reciprocal"), however, her husband (also the Personal Representative of her Estate) refuses to provide a copy of his will. If his "will" can not be documented and validated as being "reciprocal" to my Mother's, does it not invalidate my mother's "will"? I believe it does invalidate the "will", thus the Court must then rely on the prenuptial agreement. In her "will", she also (a number of times) refer to a 'list of assets", which were to be issued to my sister. My Mother's husband had the only access to the safety deposit box and safe where the "will" and "list" were kept, however, he now claims there was "NEVER" a list. Is he not fully responsible to produce the "list" (we're talking about assets of over 3/4 of a million dollars) , and if he can't/won't produce the list, how can either "will" be valid?
How can I get a copy of a case (cite) Pruss v. Pruss, 514 N.W.2d 335 (1994)?
What would be our best legal options?
My questions are this: My understanding is that a "mirrored or "reciprocal" Last Will & Testament is in fact a contract which requires the absolute expectation of an agreement between two or more persons that creates an obligation to do or not to do a particular thing. In my Mother's case, her will states that her husband's will MUST be the same ("reciprocal"), however, her husband (also the Personal Representative of her Estate) refuses to provide a copy of his will. If his "will" can not be documented and validated as being "reciprocal" to my Mother's, does it not invalidate my mother's "will"? I believe it does invalidate the "will", thus the Court must then rely on the prenuptial agreement. In her "will", she also (a number of times) refer to a 'list of assets", which were to be issued to my sister. My Mother's husband had the only access to the safety deposit box and safe where the "will" and "list" were kept, however, he now claims there was "NEVER" a list. Is he not fully responsible to produce the "list" (we're talking about assets of over 3/4 of a million dollars) , and if he can't/won't produce the list, how can either "will" be valid?
How can I get a copy of a case (cite) Pruss v. Pruss, 514 N.W.2d 335 (1994)?
What would be our best legal options?
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