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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111554
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My mother lived in Oregon and died intestate a year and a

Customer Question

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?
Thank you,
Mary
Submitted: 9 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You must list all of the heirs and they can fill out a disclaimer of inheritance affidavit, which is a notarized affidavit stating they disavow any interest in the inheritance, which means it would go to you as the surviving heir. But you still have to list them as heirs in the probate process and you then need to file the affidavits with them disavowing their rights to the estate. You put the value of the property when she died, that is the value for estate purposes.
Customer: replied 9 months ago.
Specifically, on the Affidavit of Small Estate, 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%? I know I have to list all three of us as heirs, but can the "portions of the estate" required to be equal since she had no will?If the portions of the estate can be given unequally (with me as 100% heir to her house, them as zero), will that protect me from any future claims they may have to the property?(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.)
Customer: replied 9 months ago.
that should read *are* the portions of the estate required to be listed as equal
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your reply.
Yes, you DO have to list all of them as equal heirs, since until they disavow themselves of the estate by filing affidavits they are all equal heirs. If they sign affidavits disavowing their rights to the estate, then you would file that with the small estate and in that case you can list yourself as 100% heir and not list them as heirs on the affidavit.