Legal Question in Family Law in Oregon

Re: Wills in Oregon

Q:

Is it necessary for husband and wife to Will their estates to each other, in the State of Oregon?

A: No, not necessary. However, you cannot "disinherent" your spouse totally. Oregon law provides for what is called a "surviving spouse's elective share," meaning that the surviving spouse can "elect" to accept whatever was provided by the deceased spouse's will, OR claim 25% of the deceased spouse's estate. So if the will gives the surviving spouse nothing, or anything less than 25%, the surviving spouse would probable elect to take pursuant to the 25% elective share.

Spouse may, by contract between themselves, "waive" the right to claim the statutory elective share. If that is done, you can then leave nothing to your spouse and your spouse will have no basis for asserting a claim against your estate.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]