legal will/property question

[Steely]

Apparently in the state of oregon, if a person does not have a will, every single thing they own goes to the parents if they die?

What do most families do in this case in order for the parents to give what the siblings want, without paying a gift tax?

What if a sibling wants something of the deceased, and the parents do not want to gift it, how do they go about getting that property? Do they have to go to court?

If I went to court, and I won, would I have to pay gift tax because my parents gave it to me? Or, since the courts decided, there would be no tax, because the courts decided it was now legally mine.

 

[meowbunny]

Sounds like you'd have to talk to an Oregon estate attorney for answers to these questions.

 

[klmno]

I would advise talking to an attny, too. I think in most states, if there is no will, possessions go to next of kin, which in your sister's case would be the parents. There is a way to change over ownership of property by having you buy it for $1 or $10 and transferring the title. So, the property first gets transferred to your parents, then it is theirs, then they "sell" it to you. They can sell it before the estate is closed and there would be a difference in how taxes get paid on it, but I don't know how the process works or which way is more advantageous.

 

[susiestar]

Steely,

I think an estate attorney would be the best choice. You may be able to get a free consult, or if you have a legal fund as a benefit at work it may cover this.

 

[Sara PA]

Estate laws vary a great deal from state to state and often have crazy little quirks.

You really need to talk to someone who is very familiar with the Oregon laws.

 

[susiestar]

Steely,

You can search for a lawyer at: www.lawyers.com to find one in your area (or the area H lived in).

You can also search at: www.FindLaw.com .

I hope you can get some help, or leads to find some help, through these.