Legal Question in Wills and Trusts in Oregon

No Will

My 35 year old son died .Still waiting on cause of,and death certificates.Divorced 5 yrs. ,no kids. Am I responsible for his debt?How do I get checks in my name ect. Possible life insuranc.


Asked on 7/05/06, 12:59 pm

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns

Re: No Will

I am sorry to hear about the loss of your son. This can be a confusing time. You are not personally responsible for his debts, but any of his assets must be used to pay his debts before what is left goes to his heirs. This requirement usually does not apply to life insurance, which generally goes directly to the named beneficiary.

Without a will, Oregon law sets out the order of preference for who will become the personal representative (executor) of your son's estate. In your situation, the first choice is a parent. It is also possible, depending on your late son's assets that a probate will not be necessary. Our office can assist you in determining what is appropriate for your son's estate.

We assist families all over the state with probate issues and we offer a low cost initial consultation.

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Answered on 7/05/06, 1:15 pm


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