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How would I go about selling property in Oregon if it's still in My Grandmothers Name?

Oakhurst, CA |

My Grandmother died in 1972 and my mother just died 12-26-2012, my mother has kept up on the taxes but never took it out of my Grandmothers name. My mother was an only child and all 3 of my brothers are dead. Is this going to be difficult to do? There was no will.

My Grandmother and my Mother were both California residents.

Attorney Answers 4

Posted

Since the real property is in Oregon, we would need to do an Oregon probate for your grandmother. I have handled a very similar real estate transfer where a probate was never done when the owner died, relatives kept paying the property taxes for 25 years then tried to sell it, but no realtor would list it because they did not have legal title. Give me a call and we can discuss it. Diane

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Christopher N Schneider

Christopher N Schneider

Posted

Mother and grandmother both were residents and domiciled in CA at time of death. As far as I can tell, the probate starts in CA with ancillary proceedings in OR. Prob C § 7051: "If the decedent was domiciled in this state at the time of death, the proper county for proceedings concerning administration of the decedent’s estate is the county in which the decedent was domiciled, regardless of where the decedent died."

Posted

First of all, I'm assuming that you grandmother and mother were residents of Oregon. This is a probate issue. Hopefully some Oregon attorneys will be able to give some advice. Due to the amount of time that has passed, the process is probably going to be complicated. If this were a strictly California issue, it would require two probate actions. The first to establish the disposition of you grandmother's estate and then a second to establish you mom's. It may be that the property ends up with you but it has to go through the legal process to get there. You are almost certainly going to need a good attorney to help you out.

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Asker

Posted

My Grandmother and my Mother were both California residents.

Christopher N Schneider

Christopher N Schneider

Posted

That being the case, you have two California probates to administer. There were also be ancillary actions in Oregon. You'll need an attorney.

Posted

I agree that this situation will require two probates. I suggest that you consult the Martindale Hubbel directory of attorneys online and locate an attorney who specializes in probate and estate planning in the county where the property is located. Under California law you would be the sole heir of the property. I can't imagine that it would be different in Oregon.

Disclaimer: I hope you found this information helpful. If you did, please indicate so with a thumbs up. However, this answer is provided for general informational purposes only. This answer does not constitute legal advice and should not be relied on. Legal advice can only be provided after consultation with a licensed attorney in your state with experience in the area in which your concern lies. This is so because each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or documents at issue. This communication does not create an attorney-client relationship.

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Posted

Please make sure you receive advise from an attorney licensed to practice law in Oregon. There are different ways this may be handled but you truly need an Oregon attorney to respond.

No legal representation exists by virtue of this answer. It is recommended that you contact an attorney directly for a more complete response.

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