My parents divorced about 37 years ago, and my dad kept the house but left my mom’s name on the deed. Dad remarried and then passed away in 2015. He had told my mom he left her name on the deed to protect the property from his next wife so it would go to us kids. Now, after my stepmom passed away in 2023, her daughter is threatening to use my parents’ divorce papers to try and take the property. I don’t think probate court was ever established after my dad died because none of us kids were notified, and I can’t find anything in court records. My mom wants to transfer the property to me, and we’re looking to sell it. We’re in Oregon. What’s the best way to handle this?
First off, you’ll need to get a copy of the divorce decree to see if your dad was awarded sole ownership of the house. Have you done that yet?
Wynne said:
First off, you’ll need to get a copy of the divorce decree to see if your dad was awarded sole ownership of the house. Have you done that yet?
Not yet. Neither my mom nor I have a copy of the divorce papers, but we’ll need to track them down.
@Darian
Definitely do that. If the decree shows sole ownership, you’ll have a stronger case. It’ll clarify who legally owns the property.
Did your stepmom ever file a will for probate? If not, that could be important here.
Asher said:
Did your stepmom ever file a will for probate? If not, that could be important here.
I don’t think probate was ever filed. We’ve looked for court records and can’t find anything. Does that help our case?
@Darian
Yes, if probate wasn’t filed, the property might still legally belong to your dad’s estate. That could make the forged will less relevant.
How can you prove the will is fake? That could be a big deal if you end up in court.
Bella said:
How can you prove the will is fake? That could be a big deal if you end up in court.
We know it was written just before my dad passed, and it left everything to my stepmom. It doesn’t seem legitimate.
@Darian
You might need a handwriting expert or witness testimony. Talk to a lawyer about how to challenge it officially.
If your mom’s name is still on the deed, that should give her some rights. Have you looked into transferring it to your name yet?
Jasonmurphy said:
If your mom’s name is still on the deed, that should give her some rights. Have you looked into transferring it to your name yet?
Not yet. We’re worried the stepmom’s daughter might complicate things by trying to use those old divorce papers.
@Darian
Get legal advice before transferring. If your mom still legally owns it, she might have the upper hand regardless of the threats.
If the property wasn’t included in a valid will or probate, it might default to the heirs. Are all the heirs in agreement?
Vanya said:
If the property wasn’t included in a valid will or probate, it might default to the heirs. Are all the heirs in agreement?
Yes, my siblings and I are aligned. It’s just the stepmom’s daughter causing trouble.
@Darian
That’s good. It’s easier to present a united front in court if needed. A lawyer can help you navigate this.