Legal Question in Wills and Trusts in Oregon
when i met my wife she was living with a man, more as a house keeper/caretaker for him, but it has been her legal residence for two yrs and still is, as we do not live together yet, because i care for my mother who is ill. the question i have is, she wants to know if the person she lives with dies, without a will , would she take over the house as owner? same question about his buisness, what would happen to that?
2 Answers from Attorneys
No. Unless she is his heir by law OR he designates her as his heir in his will. She is his employee, not a heir.
Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee.
When someone dies without a will, his or her assets (of any kind, real estate, business, personal property, bank and brokerage accounts) will go to their next of kin, regardless of who is living with them at the time of death.
Under Oregon law, the assets would go to relatives in basically the following order:
1. Spouse
2. Children
3. Parents
4. Siblings
5. Siblings's children
6. Siblings's grandchildren
7. If no siblings, then to the decedent's uncles and aunts and their children
If the decedent has no living relatives, then the assets would go ("escheat") to the state of Oregon.
They would never go to friends, employees, significant others (unmarried). No matter how close the friend, or how long they lived together.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
