Salem, OR asked in Estate Planning and Probate for Oregon

Q: What happens when you have lived with your mother in her home for over 16 years during you have helped pay for

The home remodeling.just in the last few years my mother had moved out the home to stay with my only brother ln his house then she passes and no will witch it was decided verbally that he would get money that she left and I get the home then he passed away and now my nephew is filling for executive of estate for his father part

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: I am sorry for your loss. In Oregon when someone dies without a Will their intestate heirs have priority to be appointed as their Personal Representative (Executor). Your nephew would likely not have priority so if you wish to be in charge of your mother's probate I recommend you hire an attorney as soon as possible. When a Personal Representative is appointed by the Court it is for the entire estate (not just your brother's part). Oregon intestate law will divide the assets between you and your brother (assuming your mother had no surviving spouse or any other children). It may be possible for you to receive the house as your portion of the estate but that depends on a lot of factors (such as the bills your mother owes and the value of the house). Ultimately, I recommend you hire an attorney to represent you with this.

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