Legal Question in Real Estate Law in Oregon

Re: Adding,removing names from real property title

You cannot merely use a deed to remove your mother-in-law and add another family member to the property because there is no one with the proper authority to sign such a deed (the person who would have the authority is your deceased mother-in-law).

In order for someone to have authority to sign the deed, a probate will likely have to be filed. Once a probate is filed, the person appointed as personal representative by the court will have the authority to sign such deeds.

But her or she will not be able to do so until other matters have been taken care of, including payment of her debts, etc.

After the creditors have been notified and have had an opportunity to make any claims, the court can approve the transfer of the decedent's assets to whomever is entitled to them under her will, or if she left no will under the laws of intestate succession. At that point, the PR's attorney can assist in chosing the proper deed(s) for the transfer(s).

We regularly assist people with probate matters and offer a low cost initial consultation.