tranfer title from deceased great grandfather and grandfather

[joelfreud]

What is the name of your state? Oregon

20 acre land malheur county oregon
great grandfather name listed as owner
grandfather name listed as contract
both deceased
My father and his brother are named as trustees to grandparent living will
land is not in the trust because of lack of value and clear title?
land value $2000+/-
I have the same last name as father,grandfather, and greatgrandfather
My father and his brother are willing to gift me the land, but due to the lack of value I do not want to spend the money for a lawyer.
I have death certificates for grandparents and doc. showing father and his brother as trustees to the living family trust.
Also blank quitclaim deed forms.
any advice?
ThanksWhat is the name of your state?

 

[seniorjudge]

You need a lawsuit here.

Either a probate, quiet title, or determination of heirship.

Hire a lawyer.

 

[tranquility]

I agree with SJ, a lawyer is the only way out. Even then, an attorney will only help if *everyone* who has a right to a portion of the land is willing to gift it to you.

 

[seniorjudge]

I agree with SJ, a lawyer is the only way out. Even then, an attorney will only help if *everyone* who has a right to a portion of the land is willing to gift it to you.

And, if not, then a partition suit may be necessary also.

 

[xylene]

any advice?

Are your sure this is a gift?

Have you spoken to Dave Ingram, County Assessor at phone (541) 473-5117?

What did he make of this?

 

[justalayman]

all I want to know is where to find that $100/acre land.

 

[seniorjudge]

all I want to know is where to find that $100/acre land.

Must be at the bottom of the ravine.

Maybe it is where DB Cooper lies!

 

[joelfreud]

call a lawyer?

the land is almost useless, sagebrush, dirt and yes maybe a revine, where db cooper is hiding out. A rough place to camp and find agates

anyone with diy advice for young guy, I know this a website for lawyers and law advice, but really, do I need a lawyer, really?

what could the county assessor help me with?


thanks, everyone

 

[seniorjudge]

Q: anyone with diy advice for young guy, I know this a website for lawyers and law advice, but really, do I need a lawyer, really?

A: This is not a do-it-yourself project; you have a major, huge, complicated, nasty, interwoven, unresolved TITLE MESS. Have a local title company run a title search on the land; it will show you how screwed up this is. Carry the title report to the nearest good real estate lawyer in the county where the land is.




Q: what could the county assessor help me with?

A: Nothing that I know of (other than tell you what it is assessed for).

 

[tranquility]

The land is in great grandfather's name. It needs to go into probate (or an abbreviated probate if the state allows) to determine who gets the rights to the land. Was there a will? If not, by intestate succession. Arguendo, the grandfather is the only heir. (This is not proven, but let's just say.) Then, grandfather needs to go through probate for this land. If a pourover will, it might go into the trust. If an other will, to the beneficiary(s). Or, by intestate succession.

If it goes into the trust, dad and his brother as trustees, can only follow the terms of the trust. They cannot make gifts. If the trust allows for a distribution to them of the land, then they can gift the land to you.

If it does not go into the trust, if the land goes to dad and his brother, then they can gift to you.

Do you think you need a lawyer to go through two probates and a gift? Is there anyone else out there who would challenge this?

 

[seniorjudge]

The land is in great grandfather's name. It needs to go into probate (or an abbreviated probate if the state allows) to determine who gets the rights to the land. Was there a will? If not, by intestate succession. Arguendo, the grandfather is the only heir. (This is not proven, but let's just say.) Then, grandfather needs to go through probate for this land. If a pourover will, it might go into the trust. If an other will, to the beneficiary(s). Or, by intestate succession.

If it goes into the trust, dad and his brother as trustees, can only follow the terms of the trust. They cannot make gifts. If the trust allows for a distribution to them of the land, then they can gift the land to you.

If it does not go into the trust, if the land goes to dad and his brother, then they can gift to you.

Do you think you need a lawyer to go through two probates and a gift? Is there anyone else out there who would challenge this?

I am ASSuming that it has been many a year since the last death of whoever. That means the wills are no good (I suspect).

Likewise, I don't think the land has anything to do with the trust.

OP says land is not in the trust because of lack of value and clear title?

Sounds like legal malpractice to me; you put everything in to a trust!



So, get a lawyer already.

 

[joelfreud]

another question.

"Q: anyone with diy advice for young guy, I know this a website for lawyers and law advice, but really, do I need a lawyer, really?

A: This is not a do-it-yourself project; you have a major, huge, complicated, nasty, interwoven, unresolved TITLE MESS. Have a local title company run a title search on the land; it will show you how screwed up this is. Carry the title report to the nearest good real estate lawyer in the county where the land is."

It all sound like fair advice.

My grandfather is the only child of greatgrandfather
my grandfather died over 5 years ago
my father has sole power of attorney? trustee?

is this really a major, huge, complicated, nasty, interwoven, unresolved TITLE MESS

Does anyone know why my great grandfather is listed as owner and grandfather as contract or what it means, whats the difference?

any way to tranfer title to father then quitclaim to me.
there is no family problems or disagreements to complicate this.

 

[joelfreud]

estimated cost?

anyone have an esimate of what a lawyer would charge?

 

[justalayman]

come on joel, you have been given answers. This is a mess and wil not be easy, or quick, to rectify.

my father has sole power of attorney?

No, he doesn't

trustee?

but you said the land wasn't in the trust so the trustee would have no control over the land.


read tranquility's post 3 times and click your heels. This is only a dream and it will go away.

really, read tranq's post. There are too many possibilities to tackle this without some very close guidance.

You have to either transfer the title the way it should have been (via probate) or sue as seniorjudge advised.

 

[justalayman]

anyone have an esimate of what a lawyer would charge?

it depends on what actually has to be done. Costs are very locality dependent so call around but it will most assuredly cost you more than you said the land was worth.