Portland, OR asked in Probate for Oregon

Q: In Oregon my little bros passed away a year apart they both paid cash for a manufactured home and 1 one that passed had

A daughter but no spouse or parents. The second one died a year later. No will no spouse no kid. On the title it stated right if survivorship yes joint tenants. I filed and was appointed PR. My question is is my niece entitled to part of man home with ORS 112.045 by representation or am I sole beneficiary due to 112.055 as last sibling

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1 Lawyer Answer

A: If you have been appointed as Personal Representative by the probate Court you should have an attorney representing you. I do not recommend trying to handle a probate on your own.

The estate of your second brother to die will control the manufactured home. If he died with no Will then Oregon intestate law controls how his estate is distributed. If he had no spouse and no children then his estate goes equally to his parents. If his parents died before him then his estate goes equally to his siblings (with a share to the children of any siblings who died before him). In your situation, if there were only three brothers total then the estate of the second to die is going to be distributed 50% to you and 50% to your niece (assuming she is the only child of the first brother to die).

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