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Will not execuited!

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All2clear

Junior Member
What is the name of your state (Oregon)?
Brother and Sister were left with equal ownership of house and property in Oregon, per the will of their deceased mother.
While mother was still living the property was placed in the name of the Brother to allow mother to apply for Medicaid.
Brother is the executor of the will, but after a year, has still has not placed sister on the deed of the property.
What steps can be taken by sister to insure her half ownership of the property?
 


anteater

Senior Member
1) Come up with $10,000. Preferably $20,000.

2) Consult several attorneys with real estate experience to determine if the transfer can be set aside.

3) If any of the consulted attorneys indicate that there is a basis for invalidating the property transfer, request the statutory or case law so that she has some assurance that the $10K - $20K isn't being wasted on an attorney just willing to take a shot at it.

A will can only dispose of what the deceased owned at the time of death. The mother did not own the house and property when she passed away.


ETA: (By the way... Is she certain that Medicaid does not have a lien on the property?)
 
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