QUESTION
What do I do to get the house that was paid for to my mom?
Asked on Oct 18th, 2014 on Estate Planning - Oregon
More details to this question:
My grandma died and no will was written. She gave her home to my mom, her daughter. My mom never changed the house into her name in fear of the state or family members taking the house from her. My mom passed away in 2010. She had paid taxes on the home since my grandma’s death. My mother lived in the house and I grew up in that house. My mom wrote a will but did not have it notarized. She left me the house. I moved into the house and was not that much behind in the taxes. I got a letter saying that I had no right to be there, had 2 weeks to get out and if I did not, the cops would be called. I would be arrested 4 trespassing. My aunt sold my child hood home. I have the title to the home. What can I do? This is not fair. How could they do that to me? The house was rightfully mine. Please help me find a way to get some sort of compensation for this theft and trauma to the home I loved.
2 ANSWERS
Asset Protection Attorney serving Beaverton, OR
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Your question actually raises a few questions that need to be answered before a accurate answer can be given. First, how exactly did your grandma give her house to your mom? (i.e. through joint tenancy, or a outright gift prior to your grandmother's death.) Assuming your mother did indeed own the house, and assuming her will was valid, was the will probated? If it was probated, the house should be yours, but as you can see, there are many variables that may change my answer. I strongly suggest you speak with an attorney. Many attorneys offer free initial consultations.
Answered on Oct 22nd, 2014 at 5:59 PM
Probate Attorney serving Newport, OR
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If your grandmother died leaving no will, then she cannot have given her home to your mother. That gift would either be by a deed while grandmother was alive, or by her will. With no will, her estate went to her heirs at law, which would include your mother, but would also include any siblings (I'm assuming grandma was not married). So it sounds like your mother never owned the house, so could not give it in her will, although she may have owned an interest in the house that could be given. You need to get a lawyer to review these transactions, and figure out whether your aunt had the right to sell the home.
Answered on Oct 21st, 2014 at 8:28 PM