Legal Question in Wills and Trusts in Oregon

Establishing heirs on remarried father with no will

My husbands father recently passed away. He had written no will. He was married to his second wife, who has her own children from a previous marriage. My husband and his sister who are their fathers only children have received no inheritance and wonder if they are legally entitled to any. If so, how do they go about getting any of their fathers assets?


Asked on 4/24/03, 4:28 pm

1 Answer from Attorneys
Bernt Jacobsen Bernt A. Jacobsen, Attorney at Law

Re: Establishing heirs on remarried father with no will

Oregon laws of intestacy (no will) specify one-half to surviving spouse and, in this situation, the other half to the children of the deceased. It may be necessary for your husband to initiate probate if his step-mother is uncooperative. Any course of action should occur immediatly before step-mother has additional time to sell and/or dispose of fathers assets. Please contact me at 503-892-9301 if you would like to discuss this further.

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Answered on 4/25/03, 12:58 pm


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