Legal Question in Wills and Trusts in Oregon

Re: probate, estate law

In Oregon, for real property the answer is generally yes, but it would depend on how the deed was written. Oregon law presumes for deeds after Jan. 1, 2008, that if the if the deed transfers property to a husband and wife (even if the deed doesn't state that they are married), then the title is a "tenancy by the entirety" which means the surviving spouse gets the property.

For cars and/or bank accounts, again, it would depend on how the items were titled. If the surviving spouse is named and the document shows a "right of survivorship" then the spouse gets it. If there is no right of survivorship and the spouse is not named, then it depends on whether the decedent had children and whether those children are also children of the wife.

Untitled personal property generally goes to the spouse, but again it would depend on whether there were any non-joint children.