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My parents died without a will,my sister says everything was…

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My parents died without a...
My parents died without a will,my sister says everything was left to her! There was a living will but it was destroyed with no copies!she and my brother are looting the estate money's life insurance etc and now she says house is all hers too! They made her sign a quit claim 6 months before she died she told me 2 days before she died what they were doing
Submitted: 8 months ago.Category: Estate Law
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Answered in 1 minute by:
10/20/2017
Estate Lawyer: Jessica B,
 replied 8 months ago
Jessica B
Category: Estate Law
Satisfied Customers: 1,406
Experience: Attorney at Donald B. Linsky & Associates, PA
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Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your issue. Please remember to rate my answer at the end of this session. Thank you!

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Estate Lawyer: Jessica B,
 replied 8 months ago

I wish I could say these types of situations are rare but unfortunately I see it all the time in my practice. First, since your parents died without a will, that means they died intestate.

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Estate Lawyer: Jessica B,
 replied 8 months ago

Only assets that would have passed through a will are affected by intestate succession laws. Usually, that includes only assets that an individual owns alone, in sole name.

Many valuable assets don’t go through the will, and aren’t affected by intestate succession laws. Here are some examples:

  • property you’ve transferred to a living trust
  • life insurance proceeds
  • funds in an IRA, 401(k), or other retirement account
  • securities held in a transfer-on-death account
  • payable-on-death bank accounts
  • real estate held by transfer-on-death or beneficiary deed, or
  • property you own with someone else in joint tenancy or tenancy by the entirety.

These assets will pass to the surviving co-owner or to the beneficiary named, whether or not there is a will.

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Estate Lawyer: Jessica B,
 replied 8 months ago

In Oregon, when you die without a Will, then the children of decedent, inherit an equal share of the estate.

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Estate Lawyer: Jessica B,
 replied 8 months ago

Before I move on to the deed I want to make sure you understand intestate and what happens when someone dies without a Will. Please let me know if you need any clarification.

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Customer reply replied 8 months ago
We live in az and she has done something's s horrible to my mom refusing her life saving cancer surgery that she literally took her out of state so she could not have it! Az probate attorneys tell me she has made mistakes in her lied
Estate Lawyer: Jessica B,
 replied 8 months ago

You are correct. I to first explain what happens when someone dies without a Will. I now want to talk about the actions of your sister. You are going to need to hire an attorney to file a lawsuit against your sister for her actions against your mother. You will want to challenge the validity of the deed. To have the deed invalidated you will need to prove that your mother was incompetent or that she was coerced by your sister.

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