is there a will & any $$

[22fish]

my father passed away in oregon in January 2000. my friend found it on the internet--no one called to let us know. We were not close as he abused my sister and I when we were little. we have contacted the probate office in the county in which he died and nothing was ever probated. We know he had real good insurance as he worked for the phone company--how do my sister and i find out if there was a will and who was the beneficiary of his life insurance/pension/stock purchase plan and how much was paid out. he also owed $25,000 in back support--is there anyway we can get this--my sister is 22 and I am 20.

 

[ALawyer]

Contact the phone company -- the named beneficiary would get the proceeds but if there was none, it goes to his estate, and you'd be natural heirs.

 

[advisor10]

JUNE 21, 2001

DEAR 22FISH:

Do you know your father's residential address?

Was your father survived by a wife or ex-wife?

Anyone who lived in his home should be able to search the home to try to find his personal papers and/or last will & testament if he had one. Also check to see if he left a bank book or check register that could tell you where he had a checking/savings account.

Since it seems that no one has filed anything yet at the courthouse, he may not have had one, in which case his estate will be considered "intestate", in which you and your sister (and any other siblings) could qualify to inherit everything. You need to file a petition with the county courthouse (probate records section) to be "personal administrator" of his estate (or hire an attorney to do it for you). You would be responsible for claiming all of his assets and then paying off any bills (funeral expenses, taxes, and debts) that he had, and then you and your sister could split whatever is left over.

The life insurance does not need to be included as part of the estate, as it is separate, but any pension benefits and stock would need to be included in the list of estate assets.

You could also submit a claim for the back child support but first you need to find out if there would be enough money in the estate to cover this amount.

If you need the address and or phone number for the county courthouse (of the city where he died), then send me an e-mail message and I can find it for you.

SINCERELY,

[email protected]