Q: My Mother died had no will. One sister States she is “in charge” giving her access to the house/car.What should I do?
A: This was posted as an Oregon Law question so my answer pertains to Oregon Law: There is no document that gives someone control over an estate when there is no will. She is probably talking about a Power of Attorney but the Power of Attorney is extinguished when the principle dies. There are Oregon Laws which create a substitute for a Will and dictate how property is to be distributed. Another Oregon Law lists who is eligible to apply to be in charge of the estate, either through a small estate affidavit or a full probate. But not all estates need a formal administration. Sometimes things just fall into place and life goes on. Talk to an Attorney about what if anything you need to do to finalize your mother's affairs.
(It is also possible that your mother left her property to your sister by putting her name on documents of title such that she became the owner by survivorship. An Attorney can also help you figure this out.)
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.