Q: If there is no will when your dad dies don't the siblings have to split the estate?
A: Under Oregon's intestacy laws, property will be equally divided among the surviving children if there is no spouse. However that doesn't mean that Oregon's intestacy laws control the property in all situations where there is no will. The role of the intestacy laws can be preempted by other actions the decedent took prior to dying. For example, if the decedent added one child's name to a joint bank account, that child might inherit the entire bank account. Similarly with real estate. If real property was put into the name of the decedent and one or more children, then the other surviving owners would own the property. Gather up all the information you have as to your parent's property holdings and consult with an experienced probate lawyer.
Kenneth V Zichi agrees with this answer
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