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.
A: 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.
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.