Legal Question in Wills and Trusts in Oregon
I want to know if the portion of the estate my mom signed over to my brother and I is still legal?
My mom had half of the estate and my dad had the other half. They got a divorce and my mom quitclaimed her half to my brother and I before the divorce was final, and then didn't show up to court to finalize the divorce.
I also want to know if my brother and I have to sign over our portion, if we have a portion, to my dad's estate since he past away?
My dad didn't leave a will or anything saying to whom or who his portion went to. Also, my dad had 8 other children from previous marriages.
Even though the house has to go through probate, are my brother and I still entitled to our portion, if we have one? If so, how can we keep it?
1 Answer from Attorneys
I cannot tell from your question what, exactly, your mother gave you before the divorce. You use the term "estate" but there is no "estate" until someone dies. If she was a co-owner, with her husband of real property, and she gave you a deed for her share of the property (which I think is what you are asking), then MAYBE you and your brother own 1/2. The maybe hinges on whether your mother is still alive, whether the divorce was finalized and how your parents held title to the real property in the first place.
You need to consult with an attorney who can review all the documents related to the property to determine what you have, what your father's probate estate consists of and how to move forward following your father's death.
We offer low cost initial consultations and would be happy to assist.
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