Q: no will or power of attorny on my stepdad n moms house stepdad died 28 days later my mom did i need to know how to claim
my mother died 4 days ago n i need to know how to file claim on house in oregon no will or power of attorny im oldest child my sister died as baby n my brother doesnt want it
A: I'm very sorry for your losses. I recommend you hire a probate attorney. If the house is in Oregon it's likely there needs to be a probate on at least your mom's estate. It's possible for your brother to sign a Disclaimer. If he has no children, that should give his share of the house to you. If he has children then he might consider inheriting his share of the house and then gifting it to you after the probate is complete. Either way, you will need the assistance of a probate attorney.
You will first need to check the deed to the home to see who owned it. If the home was owned by your stepfather and your mother (or your mother alone), then you will need to probate your mother's estate. Probate is a legal process whereby a court oversees the distribution of assets left by a deceased person. Assets are anything a person owns with value, such as a home.
If the home was owned by your stepfather only, you are not an heir of his and you will not receive anything from his probate estate unless you have clear and convincing proof that he intended that you are to get the home.
You should contact a a probate attorney to decide how best to proceed.
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