Crescent, OR asked in Estate Planning and Probate for Oregon

Q: My daughter died in a car accident, and I'm the executor. She had two child sisters one is mine and one is not

What share of the estate is the half sister entitled to

Related Topics:
2 Lawyer Answers
Vincent J. Bernabei
Vincent J. Bernabei
Answered
  • Estate Planning Lawyer
  • Beaverton, OR
  • Licensed in Oregon

A: I am sorry to hear of your daughter's death. Your deceased daughter's sister is not entitled to share in wrongful death proceeds because at least one parent (you) is alive.

Nina Whitehurst agrees with this answer

Joanne Reisman
Joanne Reisman
Answered
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Assuming your daughter died without a Will, her estate will pass through Oregon's intestate laws. If your daughter had no spouse and no children of her own, the next in line to inherit is her parents. Her siblings only inherit if both her parents are dead. You can read the laws that dictate how this works here: https://www.oregonlaws.org/ors/112.015

If she died with a Will the Will controls.

There is another type of probate estate which is set up for a wrongful death case. If your position is to be the Personal Representative in a wrongful death case you need to talk to your Attorney about who benefits from the proceeds of a wrongful death case. This is controlled by the wrongful death Statutes.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.