How do I find a copy of my cousin's Grandfather's will? (Dallas and Salem Oregon)?

Question

This involves my cousin who lived almost her entire life in her grama and grampa's house, even now with her husband and daughter. (large house) She's taken care of the house and of her grama all along. Now, her grama has kicked them out and is selling the house and does not plan on giving my cousin one red cent. My cousing's grampa always said the the house would go to her when they died, but since he died and grama is alive, her grama went psycho and went against grampas wishes. My cousin's name was in the will, but she doesn't have a copy of it and her grama won't give her a copy.
The main reason for this is because her grama is a JW (Jehovah's Witness) and my cousin left the religion/cult/organization. You might not know much about JW practices but they shun members who leave or are who are excommunicated, even if they are family. Some families to different degrees.
My cousin/hubby/daughter already moved out, and she is so busy she does not have time to find this info. Help????

Just a side note - both Grama and my cousin were in the will. But my cousin is not sure how it was worded. I live in Washington State and cannot afford to travel down there for several months. So do you know how I can do this from a distance? I've tried finding the right offices, but unsuccessful so far.

Also, if you know the answer, can you please cite sources because I don't just want opinions. I am worried that her grama's attorney is breaking the law. Thank you all.

Answer 1

There are several issues here. First of all, let's talk about the house. You need to find out how the house was owned by Grandmother and Grandfather before anyone can know if cousin is entitled to any of it. You can find this out in the County Recorder's Office for the county in which the property is located.

The most common way for a married couple to own property is "Joint Tenants with Rights of Survivorship". This means that both of the people own the house, and if one died, the other owns the house completely. The person who died cannot leave their interest in the property to anyone in their will since the property automatically belongs to the other person upon the death of one of them.

The other way that a married couple MIGHT own property is "Joint Tenants in Common". This means that the two people each own half of the undivided interest in the property. In other words, Grandfather owns 1/2 of the whole house, and Grandmother owns 1/2 of the whole house, but this doesn't mean that Grandfather owns the west half and Grandmother owns the east half. It means they each own half of the whole thing.

Like I said, most likely, the grandparents owned the property as "Joint Tenants with Rights of Survivorship". If this is true, then Grandmother now owns the entire house, and doesn't have to give it to your cousin. She can give it to the church, to you, to me, or to anyone else that she wants to. She can sell it and do whatever she wants with the money. It doesn't matter if Grandfather's will said that the house goes to Cousin. He can't will it away since it automaticaly goes to the other owner, Grandmother.

If they owned it as Joint Tenants in Common, he can leave his half to someone in his will. That person will now become a Joint Tenant in Common with Grandmother, and will be entitled to part of the equity if the house is sold. But like I said earlier, it's not likely that this is how they owned the house.

Now, on to Grandfather's will. If you still want to find out what Grandfather's will said, someone needs to go to the Probate Court in the county where Grandfather lived, and request a copy of the probate file. You'll have to pay for the copies, but you'll get copies of everything in the file, including the will. There may not be a probate file, because probate is only required if the dead person's estate is worth over a certain amount. If the house was Joint Tenants with Rights of Survivorship, there may not have been enough other assets for probate to be filed.

Just remember, even if the will says that Cousin gets the house, it all depends upon how the house was titled.

When Grandmother dies, she can leave her assets to anyone whe wishes. If she chooses, because of her religious beliefs, not to leave anything to your cousin, that's her choice.

Answer 2

If the grandfather left a will, it was probated after his death. If he had left the home to your cousin, it would have been presented to her at that time.

You can check with the Clerk of Court in the county where your grandfather lived to see if a probated will was entered into the county's records, and get a copy.

My guess is that if there was no attempt to award your cousin anything when the will was read, then she was not included in the will.

Answer 3

Sadly, this question is full of lies about the great Christian religion Jehovah's Witnesses, including some gross distortions regarding "disfellowshipping".

Jehovah's Witnesses practice the Scriptural practice of disfellowshipping for unrepentance of such serious sins as fornication, drug abuse, stealing, and apostasy. Baptized Witnesses who join the military or publicly engage in worship with another religion are considered to have disassociated themselves from Jehovah's Witnesses.

Contrary to the misinformation of anti-Witnesses, it is quite possible to become inactive in the JW religion without becoming disfellowshipped. As long as one's lifestyle does not bring reproach upon the congregation, and as long as one does not advocate one's disagreements with the religion, the congregation has no interest in "investigating", exposing, and disfellowshipping an inactive former Jehovah's Witness.

For those who are disfellowshipped or disassociated, a primarly goal is to shock the person into recognizing the serious of their wrong so that they rejoin the congregation in pure worship. Since the primary bonds that are broken involve friendship and spiritual fellowship, it is well understood that family bonds remain intact. Parents, siblings, and grown children of disfellowshipped and disassociated ones sometimes choose to limit what they may feel is discouraging or "bad association" but that is a personal decision and is not required by their religion.

Former Witnesses who are disfellowshipped or disassociated are typically treated in accord with the Scriptural pattern explained in these Scriptures:

(1 Corinthians 5:11-13) Quit mixing in company with anyone called a brother that is a fornicator or a greedy person or an idolater or a reviler or a drunkard or an extortioner, not even eating with such a man. ...Remove the wicked man from among yourselves.

(Titus 3:10) As for a man that promotes a sect, reject him after a first and a second admonition

(Romans 16:17) Now I exhort you, brothers, to keep your eye on those who cause divisions and occasions for stumbling contrary to the teaching that you have learned, and avoid them.

(2 Thessalonians 3:6) Now we are giving you orders, brothers, in the name of the Lord Jesus Christ, to withdraw from every brother walking disorderly and not according to the tradition you received from us.

(2 Thessalonians 3:14) But if anyone is not obedient to our word through this letter, keep this one marked, stop associating with him, that he may become ashamed.

(2 John 10) If anyone comes to you and does not bring this teaching, never receive him into your homes or say a greeting to him.

(Matthew 18:17) If he does not listen to them, speak to the congregation. If he does not listen even to the congregation, let him be to you just as a man of the nations

Becoming baptized as a Jehovah's Witnesses is not a trivial step. At a minimum, a student must demonstrate months of regular meeting attendance and public ministry, then must himself express the desire to be baptized. The candidate then spends hours answering hundreds of bible questions wherein he expresses both a clear understanding and personal conviction regarding Jehovah's Witness teachings in at least three separate interviews with three different elders. The candidate must vocally agree to be baptized in front of hundreds or thousands of eyewitnesses, and must be publicly immersed in water. This is not a momentary emotional decision by an unreasoning child. Dedication as a Witness required hard work and determination at the time.

Learn more:
http://www.watchtower.org/library/w/1988/4/15/article_01.htm
http://www.watchtower.org/library/w/1997/1/1/article_01.htm

Answer 4

Request the court in the location where your father last resided for a copy of his will and prove that you are an interested party in the probate of the said will.

Answer 5

Go to your county court house, they should have the probate record on file.

Answer 6

The Court House has wills on file, doesn't it? Go there...you have to pay to look, I think. I'm not sure exactly the procedure, but if he filed it, it's there.

Answer 7

Unless it was a joint will or the house was not left to your grandmother, your grandmother has the right to do what she wants with the property.

Answer 8

Unfortunately, gramma can change the will.

Answer 9

Ask a PI.