Legal Question in Wills and Trusts in Oregon

If my Mothers "Will" cannot be found or disclosed, Who is entitled to her estate?


Asked on 2/05/12, 11:03 am

1 Answer from Attorneys

Lillian Suelzle Watson Gresham Family & Bankruptcy Law

The state of Oregon has a default inheritance order. If your Mother was married, it may go partially to her spouse. If she has children, it could be that each one of them is entitled to a part of her property. This is a complicated question and the real issue is actually what property does she have to divide. If she did not have accounts or property, it may be that it is only personal property which would not warrant opening a probate. An estate action actually transfers ownership of property to your mother's heirs. I recommend that you speak to an attorney in your area to see what steps should be taken or go to your local courthouse and get paperwork for a small estate affidavit which may be all you need.

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Answered on 2/08/12, 9:04 am


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