Portland, OR asked in Probate for Oregon

Q: Wealthy Dad died, no will. wife got all, but gave my siblings money promised,not me. I was estranged, arent i due $

We were all always promised 60,000 after dad dies. I didnt see my dad for years over a dirty family secret . but i kept the family secret and didnt go to the police so i could get my money. All my sisters got theirs, not me though. My agreemant was verbal with dad, but so was the inheritance. They got theirs, dont i get mine?

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3 Lawyer Answers
Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Unfortunately there is no way to answer this question without getting more information. Because your father died with no will the intestacy statute would apply. If this wasn't Oregon then his wife would get half and half would be shared with the stepchildren. But even that presumes that there was property that would pass through either a will or the intestate laws. This can be defeated if your father left money in such a manner that it was joint with his wife and therefore became his wife's property at his death. In that case there would be no obligation to share anything with the stepchildren however the wife could elect to share money as a gift. My educated guess is that this is what happened. But that is only a guess because you will have to make an appointment with an attorney and review the property, how it was titled, and your family structure at the time that your father died. That is the only way to figure out if what happened was legal.

Nina Whitehurst agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: There was a typo in my answer, because I was using voice to text. What I said was that if this was in Oregon, the intestacy laws of Oregon with apply. Under those laws 1/2 would go to the wife and 1/2 would be divided with the stepchildren.

Theressa Hollis
Theressa Hollis
Answered
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: It's possible that your father signed a Will or Trust before his death. If not then the intestate law of the state he lived in will control how his estate is distributed. If your father's wife was not also your mother then his probate assets will be divided between his wife and his children. You should consult with a probate attorney for more specific legal advice about your situation.

Be aware: Oregon intestate law changed several years back and now the amount a spouse receives when there are stepchildren depends on how many years they have been married.

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