Q: My uncle has property in Oregon it will be mine after his death but he hasn’t put it in the trust...he hates dealing

A: Your Uncle should consider speaking to an estate planning attorney about signing a Will. It is easier and less expensive than a Trust (although it will require a probate at his death). One alternative the attorney will discuss with your Uncle is a Payable on Death Deed. This may be a viable option if you don't need to sell the Oregon property for 18 months after your Uncle's death. Also, if your Uncle dies without a Will Oregon intestate law will control who gets this property.

A niece/nephew may not be the default beneficiary depending on which of your Uncle's relatives are alive.

A: There may well be a problem and no one can tell you if there is or isn't because only your uncle, I assume, has the estate planning documents he executed which should include a Will. He could have also put someone else's name on the property deed creating a situation where this other person inherits the property by right of survivorship. There is just no way to tell you what is going to happen and frankly the responsibility is solely on your Uncle to take care of things as the property is his property. If he chooses not to care whether or not property ends up in your hands, well, it is his right to do that. Frankly estate planning documents like Wills and Trusts can be destroyed or modified or mismanaged and there isn't much you can do to prevent this when the estate isn't your own estate. But if you want a safer way to make sure that real estate transfers to you on your Uncle's death, offer to pay for him to go to an attorney and tell him to ask the Attorney to do either a joint and survivor deed that adds you to the title or a transfer on death deed. But keep in mind, if the property ends up having to be sold to pay for your Uncle's long term care in a skilled nursing facility, then it's gone.