Legal Question in Wills and Trusts in Oregon
Dying without a Will
What happens if a person dies without a will and has adult children from a previous marriage? Does the (new) spouse receive everything and the adult children nothing?
Asked on 3/16/04, 11:36 am
1 Answer from Attorneys
Susan Burns
Law Office of Susan Ford Burns
Re: Dying without a Will
Under Oregon law, the spouse receives 1/2 of the probate estate and the chldren from the previous marriage(s) share the other 1/2 of the probate assets.
If the deceased husband and the wife jointly owned property or other things (like bank or brokerage accounts), it is likely that the title for those items will provide for a right of survivorship. This means that the wife would recevie 100% of those survivorship assets with no requirement that they be shared with the husband's children.
Answered on 3/16/04, 12:04 pm
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