Legal Question in Wills and Trusts in Oregon
Father passes, no will.
My father in law died and there are only two living children, my husband and my sister in law. She says that the 3 children that died years ago will have their share go to their children. That this was the law in Oregon. Is this true?
1 Answer from Attorneys
Re: Father passes, no will.
Assuming your father-in-law had no will, the estate would go to his children, both those alive and those who pre-deceased him. For the children that pre-deceased your father-in-law, their share would go to their children if they had any. If they did not have any children, that share would lapse and be divided among the children and grandchildren.
In your case, the estate would be divided into 5 shares, one for each child (20% each). The living children would each get 20%. The children of the deceased child would share that child's 20%, so if there were 2 children, each would get 10%, if there were 5 children, each would get 4%.
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