answered on Aug 22, 2023
Generally speaking, it does not. The deed for real property generally takes preference over any estate planning document in place, such as a will or a trust. For the property which had a joint tenancy, both of the individuals listed would be co-owners. However, if another property had just one... View More 
answered on Aug 22, 2023
No. Not unless the second property's legal description was on the first Deed (which is unusual). Most of the time each property has its own Deed.
He wants to add me to the house title or deed and give it to me through a trust. He owes @$20,000 in property taxes and $60,000 on the mortgage. I believe he has a revocable trust now that needs only to be amended. However, we are unsure about possible issues that may arise due to the deferred... View More
answered on Jun 20, 2023
I recommend that your father return to his estate planning attorney to discuss the pros and cons of adding someone to the title of his house. With few exceptions, at his death the mortgage will very likely need to be paid off and the property taxes will need to be paid. If the mortgage company... View More
I own 20 acres and I am the sole owner of it. I am married but my husband is not on the deed. Our neighbors obtained stalking orders against him regarding his shooting on my property. I was pregnant at the time and he didn't want me to stress in fear of losing the baby so he didn't tell... View More
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answered on May 24, 2023
In most cases, a contract requires the consent of all parties involved. If your husband entered into a contract regarding activities on your property without your knowledge or consent, it may raise questions about the validity and enforceability of that contract. However, legal matters can be... View More
Lease is fixed-term (one year). I want to move into unit. Is that possible? What is required by me? Thank you.
answered on Apr 3, 2023
You have no right to terminate a fixed term lease before the lease termination date unless it is for cause. It is, after all, the whole point of a fixed term - both sides are assured of maintaining the situation for the length of the lease. If they are willing to voluntarily move, that is... View More
I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... View More
answered on Mar 20, 2023
In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.
To answer your... View More
The house is in Oregon. My husband and I own the house outright. My daughter's family has lived in it for nearly 2 years as renters. We see the house as our daughter's inheritance, she's just getting it before we die. We want to ensure it remains her house even if she and her... View More
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answered on Feb 9, 2023
A Future Interests Deed from you all to your Daughter for Life, then Remainder over to the named Grandchildren as Tenants In Common would be a possibility. Many other conveyances might also work well. Hire a competent UT attorney to draft, execute and record it. Tax consequences should also be... View More
His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.
answered on Oct 11, 2022
Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... View More
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answered on Sep 29, 2022
Executing a Deed to her takes effect now, even if it is a vested Remainder taking possession at your death. Wills must be Probated for the Will to have any effect, which also attracts other relatives and creditors.
Apartment in Portland, Oregon. I read OR 12.125 and wondered if this applies to my situation.
answered on Sep 1, 2022
Short answer is maybe, because without more facts it is difficult to answer your question. It would be important what your former landlord is alleging that you owe them, if you were evicted from the property and a judgment was entered against you which creates a lien, if an accounting statement was... View More
answered on Jul 12, 2022
It depends on the violation of the lease agreement. Under Oregon Law certain violations allow the tenant 14 days to cure the violation and if the violation is not cured by the deadline stated within the Notice to Cure, the tenant's tenancy will be terminated within 30 days of the notice being... View More
I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... View More
answered on Jun 17, 2022
To safely answer the question, I would need to see the underlying lease agreement and contract with the HOA and consider the contractual issues along with the statutes under ORS 90 or ORS 91 depending on the type of tenant is involved. The contract may require the HOA maintain the trees. There... View More
I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... View More
answered on Jun 22, 2022
If your vehicle sustained damage and if you have not contacted your auto insurance you should do so. Your insurance company should handle the matter. Additionally, if you were a resident of the complex a landlord tenant attorney would need to see the underlying lease agreement, contract with the... View More
answered on May 24, 2022
If your son is trespassing on the property, you should call your local police department. However, you may need to consult a local landlord tenant or real property attorney to assist with ejectment. It sounds like you do not have a lease agreement with you, but there are a lot of facts that could... View More
answered on May 31, 2022
You need to review everything in detail with a local landlord-tenant attorney. Your choices are likely to be filing in court to evict him if there legally is a landlord-tenant relationship between you. It may not be as clear cut as it may seem. If there is no landlord-tenant relationship, then... View More
I've asked him to trim them he said No, but I can trim what grows onto my property. I have to pay a landscaping company, how is this fair?
The fence is in terrible condition because of his overgrowth, replacing the fence will cost me thousands and the problem will still persist. What... View More
answered on May 20, 2022
There are a lot of facts that could change the answer to your question such as if the fence is on your property or your neighbors, do you and your neighbor have an easement agreement, and/or your properties apart of an HOA committee. You should contact a local real estate firm to discuss your... View More
I bought a property in Toledo OR last March and a water line broke, I understand that it is my responsibility to fix the damage because the water meter is on my property. It is located across the street on a hill. I was not told by escrow or my realitor that I actually owned the road in front of... View More
answered on Jun 7, 2023
Despite the fact that you are a senior this isn't actually an elder law question. You may do better posting this in the topic of real estate. As far as I know the realtor had no duty to warn you that your property taxes were likely to increase in the future. You would have been able to see... View More
I am sole heir named in will but it's been 17years and the county where land is told me the trustee lost it to taxes.
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answered on May 5, 2023
I recommend consulting with a licensed attorney who specializes in Indian law and/or land law in Oregon to obtain accurate and relevant legal advice. They can help you navigate the specific details of your situation and provide guidance on your rights and options.
Eased and I am disabled
answered on Mar 27, 2023
If you can prove to the state that you are disabled then you may be able to qualify to have Estate Recovery stop collecting. I recommend you hire an experienced Medicaid attorney to assist you.
answered on Mar 11, 2023
It means that some sort of Judgement was entered by the court in a case in which you are listed as a party. If you want to know more, you need to either access the court computerized records or talk with a clerk at the court where it was entered.
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