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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33555
Experience:  Began practicing law in 1992
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Sorry I cannot pay. Oregon in Harney County, yes story; too

Customer Question

Sorry I cannot pay.
JA: Where is the property located?
Customer: Oregon in Harney County
JA: Has any paperwork been filed?
Customer: yes long story; too involved. The deed was not husband died..his son is trying to take everything from me by getting himself appted as personal rep for the estate. i have been so devastated that i was unable to act. He tricked his dad into not making a will...and the deed was not filed when we got it; our house burned and the deed with is only 16 acres and an old store over 100 yrs old. i have no where to go if he takes this place which I paid for over 3/4 of. I have a warranty deed in my name but the seller would not let me "interfere" with his business with my husband. So I didn't get to put my name on the contract of which my husband paid only 1/4. My husband said he would make sure it was fixed...but a procrastinator doesn't move that man so hard now.. wanted to know is there any hope of me to keep my place..
JA: Anything else you want the lawyer to know before I connect you?
Customer: i guess not
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 10 months ago.

If you were married when it was purchased then it is community/marital property regardless of how the names were put on the deed.

The issue is going to be proving that the land was purchased but a good lawyer can do that and it can be done through the probate court.

As community property you would be entitled to your 50% of the property plus, in an intestate succession if he had children from another marriage, you would be entitled to 50% of your husband's property. The remainder would go to his child(ren).

You would want to go and hire a lawyer that does probate work and have them start on it.

You can find a lawyer to assist you by going to and in the section for Area of Practice enter Probate Law or Estate Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.