Tucson, AZ asked in Probate for Oregon

Q: My wife's father bought 2 small lots (with nothing on them) with his girlfriend (at that time) in 2015

with no Right Of Survivorship. They since broke up, & then he passed away in April, 2018 with no will or trust. My wife & her brothers stumbled upon the original deed & are wanting to get his half out of probate & in my wife's name. He lived in Arizona at the time he bought them & also when he died. My wife & I, & her brothers also live in Arizona as well. While we do understand that his ex-girlfriend still owns her half of the property, is it possible to take his half out of probate? If so, what steps do we need to take to get started?

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Your father-in-law's estate is not in probate until someone files legal documents with the Court. I am assuming the two lots were in Oregon. If you are correct and the Deeds do not include survivorship you need to hire an Oregon attorney to file either a full probate or a Small Estate Affidavit (depending on the value of the lots). Be aware that the girlfriend may have a claim for one-half of the property taxes she has paid.

I hope this is helpful.

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