Q: How are proceeds on a house divided in Oregon, titled as husband and wife upon a death? Death 10 years ago.
When wife dies, how are proceeds divided? Can title be changed now? Nothing ever probated and title is still listed as husband and wife. He died 10 years ago. No personal representative was ever done. Children on both sides.
The deceased wife's estate will have to go through probate. Probate is the legal process whereby a court oversees the distribution of assets left by a deceased person. The house is considered an asset of the surviving spouse if they held title as husband and wife. When the husband died, the wife became the sole owner.
If the deceased wife had a will, the will is “proved” and delivered to the probate court. A personal representative is selected. 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 an adult child or another close relative. After court approval and notices to all interested parties and payment of all unpaid probate expenses, the deceased person’s assets are distributed to the people named in the will or, if the person died without a will, to the heirs of the deceased person.
You should contact an attorney in Oregon to begin the probate process to transfer ownership of the home. Without a probate court order, the deed (title) to the home legally cannot be transferred to anyone.
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.