Can an heir claim homestead land in Oregon from 1939? The was killed in 1939 without a will.?

Question

I have information on who claims ownership and pays the taxes on this property. What should I do next? I have a copy of the original parcel records of the township, first entry in 1946. He died in 1939. I can not find any transactions from 1939-1946. I have the tax maps. I have the tax records info. The current owner, property taxes and value. I also have all the LAND PATENT records.

Answer 1

If your relative from 1939 died without a will, there was still a probate that was done to settle his estate. If he was entitled to file on the homestead in 1939 but hadn't proved the claim, then it would be the same situation as other claims from the late 1870's - squaters may have taken over the claim. You should eb able to go to the county and find what was done in probate as in 1939 Oregon had probates being done (they started keeping records in 1907 I believe). There was also some change in about 1972 as I recall that stated you could no longer claim land under the Homestead act, but I don't know how this applied to existing claims.

Since the local county assessors office probably won't be able to help you (they can't give legal advice), I would find your local law library and ask the law librarianwhat to do next. And I'd go see if you can't find the probate records at the county office - that may well clear the whole question up. It may state the land reverted to the U.S. Government uppn his death or was to be sold at auction.

Answer 2

The common law has a 20 year window for claims; you will likely be denied.