mother just found out she was listed as dead in her mother's will

[HiJinx]

I live in Oregon, My grandma passed away about 5 or 6 years ago. Because of the dynamics of that family, g-ma couldn't talk to both my mom and my aunt at the same time. At the time of her death, she was living with my aunt, who wouldn't allow g-ma to contact anyone but my aunt's kids.
Mom found out last year that she was listed as dead on Grandma's will. She only told me this last weekend. Is it too late for her to contest the will? I told Mom that she should have let someone know about it when she found out but Mom said she didn't want to bother anyone. She has always had a depression problem and only recently started taking Xanax and Wellbutrin which is helping her immensely and had she been taking that back when she found out, she wouldn't have put it off.
Grandma was a collector and her house was stuffed with antiques, along with some investments, Grandma was pretty well set.
I would hate to see my aunt get all that money and my mom, who is seriously hurting for cash, get none.
Any change we can still contest?

 

[anteater]

Did granma live in Oregon?

According to the Oregon statutes:

113.075 Contest of will. (1) Any interested person may contest the probate of the will or the validity of the will or assert an interest in the estate for the reason that:

(a) The will alleged in the petition to be the will of the decedent is ineffective in whole or part;

(b) There exists a will that has not been alleged in the petition to be the will of the decedent; or

(c) The decedent agreed, promised or represented that the decedent would make or revoke a will or devise, or not revoke a will or devise, or die intestate.

(2) An action described in subsection (1) of this section shall be commenced by the filing of a petition in the probate proceedings, except that an action described in subsection (1)(c) of this section may be commenced by the filing of a separate action in any court of competent jurisdiction.

(3) An action described in subsection (1) of this section shall be commenced before the later of:

(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

(b) Four months after the first publication of notice to interested persons if the person on whose behalf the petition is filed was not required to be named in the petition as an interested person.

 

[Dandy Don]

You may not need to contest the will since there appears to be fraud or deliberate deceit due to the lack of proper notification of heirs.

Consult with a probate attorney to find out your options and whether a statute of limitations applies. Since proper notification was not done, a civil suit may need to be filed as an alternative.

DANDY DON IN OKLAHOMA ([email protected])