My mother lived in Oregon and died intestate a year and a half ago, no surviving spouse, three living children. At first, nobody wanted to keep her house because she has a loan
on it that is worth more than the property, which was worth approx. $190,000 when she died. She had no other property. Now, I want to work with the bank to keep the house. I understand I can file an Affidavit of Small Estate. My brother and sister do not want any part of the house.
In filling out the affidavit, since she had no will, do I have to list the three of us as equal heirs to her property, or can I list them as getting zero and me as getting 100%? (which we all agree to).
Also, if I can list myself as receiving 100% of the property, and as long as neither of them contest that, is it still necessary (or even just a good idea) to have them sign a quitclaim and file it, to protect myself possible future claims from them? (The bank loan will still be in my mother’s name, and at some point in the future there will be equity and I will want to sell it.)
Do I put the value of the property when she died, or the current value?