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If my name and deceased mothers name is on a deed do I have to do probate. She has no will

Molalla, OR |
Filed under: Deed to property

I have seen the deed with my name on it but the county claims I am not on it. If I am stated as a grantee how can I not be recorded as on title? Do I have to do probate?

Attorney Answers 3

Posted

My condolences on your mother's paying. I would like to help but there is simply not enough information in your post to confidently provide you with an answer. It would be important to see the deed, to know the value of this and other real and personal property your mother owned when she passed, if she left any unpaid debts, etc. You should gather as much information as you can and schedule a consultation with a probate attorney. Try clicking "Find a Lawyer" above. Good luck!

For informational purposes only and not to be relied upon as legal advice or for the formation of an attorney-client relationship.

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Brook D Wood

Brook D Wood

Posted

Apologies for the typo. That is supposed to say 'passing' not paying, but Avvo.com does not allow attorneys to edit our answers.

Posted

Go straight to Clackamas probate: http://courts.oregon.gov/Clackamas/pages/forms.aspx#Probate
They can't give you legal advise, but the folks are helpful answering some of the questions raised by my colleague that need to be answered.

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Posted

Call a title insurance company and ask for a free "title trio." It should include a copy of the last deed in the chain of title. If it has both your mother's name and yours PLUS the words "with right of survivorship," then possibly all you will hsve to do is record a certifed copy of the death certificate. If not, then more research by a probate attorney will be necessary. Possibly though, depending on the total value of all assets, it might possible in Oregon to do just a Small Estate Affidavit.

Please keep in mind that this is not intended to create an attorney/client relationship. These are only general comments made without all the critical facts needed to fully form an opinion.

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