Legal Question in Wills and Trusts in Oregon
Selling our deceased mother's home
I am the executor of my mother's will I have an older brother. Our mother died on Mother's Day of 2001. My brother and I live in California. My Mother's home is in Oregon. We have done nothing about selling it yet, over a year past her death for 2 reasons. There is a third party named on her will...my brother, myself and my mother's 2nd husband's daughter, which we have not seen in 20 years and don't know where she is or what her name is now. I have looked for her under her (old?) name and found nothing. My brother and I would like to sell the house but don't know if we legally can without knowing her whereabouts. We would like to know #1) if we can sell the house and #2) what happens to her 1/3 of the money when it does sell? Any advice would be most helpful. Thanks so much!
2 Answers from Attorneys
Re: Selling our deceased mother's home
If the value of your mother's home is over $90,000, you will need to open a probate in Oregon in the county where your mother lived. If the value is under $90,000, there is an alternate mechanism, but that would require that the third heir be found and available. You would be appointed as personal representative of the estate as provided in the will.
Once appointed as PR, you will have the power to sell the property and provide clear title to the buyer. The funds received from the house will have to be accounted for and then distributed as provided in the will. Before you can distribute funds, you must pay any of your mother's last expenses that remain unpaid. (The court requires that you acknowledge that all of her debts have been paid before it will allow you to distribute the funds to the heirs).
A private investigator can be hired to find your missing heir. If the investigator is unable to find her, ultimately the funds can be sent to the State of Oregon, who will hold them for her. If that happens, the money will not accrue interst. The interest goes to the Common School Fund and is used to fund schools in the state.
Our office handles probates regularly and can help you in filing for probate here. Give me a call at 503-239-8060.
Re: Selling our deceased mother's home
I'm not sure of Oregon law, but this probably requires filing for probate in the county where the house is. The court would appoint you as executor (according to the will), and you would then have the legal authority to sell the house and distribute the proceeds to the beneficiaries. In California, if a beneficiary can't be located after a thorough search, the money is turned over to the county treasurer, who then turns it over to the state's unclaimed property fund, where it's held until the beneficiary claims it. However, a private investigator or lawyer can probably locate your stepsister by a simple computer database search.
Check with an Oregon probate lawyer to see what's necessary to open probate.
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