Legal Question in Wills and Trusts in Oregon
My father proceeded his mother in death by three months, and I curious to know if my father's share divides among the surviving siblings, and or would the surviving children of my father then become beneficiaries?
Asked on 2/15/10, 6:01 pm
1 Answer from Attorneys
Lawrence D. Gorin, Atty.
Law Offices of Lawrence Gorin
If there was a will, the terms of the will will be controlling. Without will, intestate succession, the survivng child of an heir who has predeceased the decedent takes the share that the heir would have received had the heir survived the decedent. (This is referred to as intestate succession by "right of representation."
Answered on 2/21/10, 1:50 am