Get free answers to your Real Estate Law legal questions from lawyers in your area.
Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More 
answered on Jan 13, 2025
I recommend you have an attorney review this Deed for you. It sounds to me like this property is owned by (likely) two people (the Grantees) with a right of survivorship. This means that if one owner dies the remaining owner continues to own 100% of the property. The spouse of the deceased owner... View More
Does the spouse of a grantor of a deed that states "tenancy in common with right of survivorship" have any claim to the property after the grantor dies if one of the co-owners (a grantee) of the property is still living? This is in a non-community state. Does that make the spouse of the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2025
The surviving tenant in common will be the owner in fee if what you state is accurate. That tenant in common will be a grantee, not a grantor. The grantors' interest were extinguished by the deed conveyance, so the spouse of a grantor is irrelevant. Hire an OR attorney to search the title.
I am in the process of executing a purchase agreement for a rural property that is accessed by (but does not abut) a county "public access road." The county owns the road but does not maintain the road. They state that the area residents are responsible for maintaining the road. There... View More
answered on Jun 4, 2024
An Oregon attorney could advise best, but your question remains open for a week. It could be difficult to offer a simple and direct answer to your question. There are no guarantees, and anyone who is injured is probably going to name all possible parties who have association with the road, either... View More
answered on Apr 23, 2024
A Last Will and Testament only controls assets that need to go through probate after the testator's death. This means that any assets that were given away, sold or that had a joint owner or beneficiary named are not controlled by the Will. If the person signed a Deed that was recorded before... View More
My father passed in 2022, no will as I am the only living child. My aunt owned the house in the ,80s and my dad bought it in the early 90s. She and her ex husbands names were still on the deed. They paid some of the past taxes and now are claiming it is their house.
What can I do?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024
I'm sorry to hear about your father's passing and the difficult situation with your aunt. Here are some steps you can take to address this issue:
1. Gather documentation: Collect any paperwork that proves your father purchased the house from your aunt in the early 1990s, such as a... View More
Land would be in a opportunity zone in oregon.
Sell of land is in oregon as well.
answered on Apr 4, 2024
There are ways to avoid or reduce your capital gains from the sale of land. Commonly accepted methods are transactions involving a 1031 Exchange or investing the gain in Opportunity Zones. With a 1031 Exchange, you must use a Qualified Intermediary which holds the sale proceeds of the land, and... View More
Land would be in a opportunity zone in oregon.
Sell of land is in oregon as well.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
Investing capital gains from the sale of property into an Opportunity Zone can provide tax benefits, but it does not automatically avoid capital gains tax. Here's some information about Opportunity Zones and capital gains:
1. Opportunity Zones: These are economically distressed areas... View More
The area where the person was recording was NOT visible from anywhere in view or even by air (think thick grove of trees). The person being filmed was clear about not being recorded. No crime of any kind was being committed by the landowner. The person filming was trespassing after being told not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
In Oregon, recording someone without their consent in a private place where they have a reasonable expectation of privacy is generally illegal. If you explicitly told the person not to record you on your property and they proceeded to do so anyway, their actions may constitute a violation of your... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025
The requirement to reinvest proceeds from selling your house after divorce depends on your divorce agreement and local tax laws. If there's no specific clause in your divorce settlement requiring reinvestment, you generally have freedom to use the money as you choose.
From a tax... View More
I am primary caregiver for my grandfather, and have a PoA for him. I am taking over all aspects of his finances, to include taxes. I would like to add my name to the property title, both because I am living with him and to make it easier to access and pay the property taxes, as well as to secure... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2025
You are in a fiduciary relationship, so a conveyance to you might be set aside. Hire an attorney to talk to GF and see if he is competent enough to convey a life estate/ remainder deed or some other estate. Just using the POA to convey to yourself could be very bad later on.
Mom passed last year. I am the trustee, and need to do repairs to the house, prior to its sale, for a buyer to qualify for a mortgage. I need to get a loan, and lender wants my name on the deed. My brother is a beneficiary, so the house needs to stay in the trust. I need to know what wording to use... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2024
You must hire an OR to draft that Deed.
sole beneficiary. Please advise. Thanks, Lillian
answered on May 25, 2024
If the property is in your husband’s name only you will probably need to file a probate to clear title to the property.
I supplied a lump sum of money to put down on a house and asked my children to provide the loan, as I am disabled and do not qualify for a loan. They agreed and we all live in the home together. Myself and my children are all on the title together, but I am not on the loan with them. One of my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024
If you have an estate as a tenant in common, then all TICs have the same rights of possession. You cannot be legally ousted by the other TICs. If they physically remove you, then you might have them arrested for a crime, and sue them for rent.
answered on Dec 25, 2023
Yes, if separately given. A Power of Attorney expires the moment the person it is for expires. It automatically terminates at the moment of death.
Also landlord sent me a letter stating I left things ɓehind. I have witnesses. How should I dispute this.
answered on Dec 13, 2023
If you dispute the amount taken from your deposit, you are free to sue the landlord for twice the amount wrongfully withheld
You can do this in small claims court if it totals less than $10,000 or in regular circuit court for any amount though you likely want an attorney for that.
I rent a space for $1050 per month for my business and my lease lasts 5 years. I found a better space I want to move to. I need to break my lease to move to a new location
answered on Nov 6, 2023
Sure a tenant can break a commercial lease - but they will continue to owe the rent until the sooner of either the lease expires by its own terms or a new tenant takes over renting the space (presumably for at least as much rent). If you can bring a new, replacement tenant, that might solve the... View More
Dad's wife's will leaves everything to my dad but if he's also deceased then her 3 sons each get 25% of the estate. Does his will supersede his wife's or does he have to follow her will?
answered on Oct 17, 2023
The answer to your question depends on how the home in Oregon is titled. If the Deed shows both of their names as "husband and wife" or "tenants by the entirety" then the house belongs to your father and he has full authority to sell it and keep the proceeds. If it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 10, 2023
There is no Oregon law that requires you to provide any particular information over the internet for a real estate transaction. There are no civil or criminal sanctions for refusing this request. The request may be the realtors preferred practice, but you are not obligated to comply with the... View More
answered on Oct 4, 2023
It’s pretty simple to check deed records to see who owns a home.
If your name is on the deed, it’s your home and you do not have to go even if someone else’s name is on the deed too.
If your fiancé’s mom’s name is on the deed, it’s her home and if she says you have to... View More
He might die. We don't have an Erickson Agreement. Can he sign something and send it to me so the house will be safely in my name in the case of his death? Please give me a wording for Right of Survivorship.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023
In Oregon, if you want to ensure that the house automatically passes to you upon the other owner's death, you can add a "Right of Survivorship" provision to your deed. The wording to create a joint tenancy with right of survivorship is generally along the lines of: "This... View More
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.
