Juneau, AK asked in Foreclosure and Probate for Oregon

Q: How can I obtain legal rights to my parents property after they have passed and left no will.

A brother who has recently passed was staying on property. There is a foreclosure on property due to neglect of paying a county property tax debt. What if any is the easiest way to obtain legal rights to pay off tax debt? And be the executor of property. Thank you.

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1 Lawyer Answer
Vincent J. Bernabei
Vincent J. Bernabei
  • Probate Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: Probate is the 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 real property (home and land).

A probate is needed to clear title to land or a home that was held in the name of the deceased person only, and put the title to these assets in the names of the rightful beneficiaries.

The county will accept payment from anyone and credit the payment to the tax debt. Contact an attorney before deciding whether to pay the past due taxes.

The executor is called the personal representative in Oregon. A personal representative is someone who handles the deceased person’s affairs. A will generally names a personal representative who, if willing to serve and otherwise qualified, will be approved by the court. If a person dies without a will, the court will select the personal representative, usually the surviving spouse if there is one, or an adult child or another close relative.

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