Get free answers to your Real Estate Law legal questions from lawyers in your area.
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2025
Under Oregon law, any person who has custody of a will is required to deliver it to the court with jurisdiction over the estate or to the personal representative named in the will within 30 days of learning of the testator's death. This ensures that wills are properly filed and accessible for... View More
I recently discovered that my father passed away in Oregon in 2022, but no one notified me. He was not married and had three surviving children, including myself. He owned a business, his home, and a vehicle. I've been in contact with his sister, who appears to be preparing to sell his house,... View More
answered on Apr 3, 2025
If you have not received notice of a probate in the mail, then it’s possible that your father may have had a revocable living trust at his death. His sister may be the trustee of the trust with authority to sell the house. If you give me a call I can check for a probate in the Oregon court system... View More
I own a triplex in Gresham, OR, with two tenants. One tenant, currently on a month-to-month lease, will be signing a new lease with a roommate. We've agreed on the rent and security deposit, but I want to specify that the washer, dryer, dishwasher, and blinds are provided "as-is" due... View More
answered on Mar 7, 2025
The general rule is that a landlord has no obligation to provide appliances to a tenant. But if they do, they are obligated to maintain the appliances throughout the term of the rental agreement. Presumably a dwelling rents for more with appliances than without so part of a tenant's rent is... View More
I had my vehicle and travel trailer stored on a friend's property in Dorena, Oregon, where I was paying storage fees, but I didn't have a formal written agreement. My friend has passed away, and the property is now in escrow. I wasn't given any notice to remove my belongings. I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025
I'm sorry for the loss of your friend. You should be able to use self-help to retrieve your vehicle and trailer if you can do so peacefully. You should find out who is currently in charge of the security of the property--if it's in probate, the personal representative. It could very well... 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.
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
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
I live in Eastern Oregon on a small acreage outside of city limits with irrigation water rights. Since last fall, my neighbor, who owns a 40-acre parcel and usually grows alfalfa, has adjusted his wheel line to water several feet over onto my property, damaging the back of my shop, my fence,... View More
answered on Apr 15, 2025
It sounds like you have a case of trespassing water on your land. You will need to get estimates of what it costs to fix the problem and to prevent further damage. You may need injunctive relief if there is no way a contractor can remedy the situation. Also you will need your contractor to serve... View More
As a landlord with a rental agreement that specifies the duration guests or family members can stay, am I allowed to hand deliver an unauthorized occupant notice? The occupant has stayed longer than permitted, and the tenant recently canceled a meeting to discuss this issue.
answered on Apr 15, 2025
Certainly you can personally deliver Notices so long as you personally hand the Notice to your tenant. Make a note of date and time. One advantage is you don't have to add an extra 3 days for mailing.
I have a tenant who is a hoarder and may leave a lot of abandoned property when the lease ends in two months. According to the lease agreement and ORS 90.425, I understand that we need to give or mail an abandonment notice. We have documented attempts to contact the tenant through email and phone,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
Under ORS 90.425, you are required to provide an abandonment notice to your tenant if you believe they have left property behind after moving out. Since the tenant hasn't provided a forwarding address, you can still send the notice to their last known address, which is typically the rental... View More
I live in a house in Eugene, OR, and we've had flooding twice over the last three months, though we've lived here for two years without prior issues. After the first flood, we installed new French drains in our backyard. Recently, we noticed water from the property above draining into our... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
It sounds like you're dealing with a frustrating situation, especially after making your own efforts to manage the drainage problem. Since your neighbors acknowledge the issue but have not taken action, you may want to document your communications with them and any efforts you've made to... View More
How do I file an appeal with appeals court?
answered on Apr 12, 2025
Do understand that while at one time, if you showed the Judge that had applied for rental assistance, the case was continued until your application was resolved, that is no longer the law. Currently, if the landlord has not received the rental assistance payment before the start of trial, the court... View More
I'm looking for a real estate lawyer to assist with paperwork regarding a conservatorship for my brother. We own property together as tenants in common, but he was recently diagnosed with dementia and cannot sign over the property. The property has been under joint ownership since around 2014.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
You're handling a delicate situation with care, and it’s clear you want to do right by your brother while protecting the shared property. Since your brother has been diagnosed with dementia and can't legally sign documents, the next step depends on whether a conservatorship is... View More
I moved out of my ex's house a year ago, but he allowed me to store some belongings in his basement. Recently, he texted me saying I have 5 days to retrieve my items, which include significant possessions. There are no formal agreements or court orders regarding my belongings. We also have a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2025
This kind of situation is hard, especially when shared history and a child are involved. In Oregon, there’s no specific law that sets an exact number of days for retrieving personal belongings from someone else’s home in a situation like yours. However, once someone gives you clear written... View More
I’m dealing with a difficult situation involving P.H.H Mortgage, which I was transferred to from my original VA loan provider. I had an approved loan modification, but P.H.H Mortgage claims I'm behind due to a mistaken identity on a property tax lien, which I have disproven. I’ve filed a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025
Dealing with mortgage servicer errors can be incredibly frustrating, especially when you've already proven the mistake isn't yours. Since you've already filed with the CFPB, your next step might be sending a formal Qualified Written Request (QWR) under the Real Estate Settlement... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
