Pioneer, CA asked in Probate for Oregon

Q: My husband died without a Will, his 40 yr old son has hired an attorney. What rights to my estate does he have if any?

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Probate Lawyer
  • Portland, OR
  • Licensed in Oregon

A: Assuming this is happening in Oregon, if your husband died without a Will and there is property that belonged solely to your husband, then Oregon's intestacy laws will control.

Under these laws the current spouse, you, will get 1/2 of your husband's property and any children he has with another mother will have to share the other 1/2. (Read ORS 112.025 which you will find at the link above.)

There can be property that your husband left directly to you in which case the son or other step children have no claim. For example, if you are the the only person named as a beneficiary on your husband's retirement account or on his life insurance that property comes to you. If you owned a house in your joint names either as husband and wife or tenants by the entirety, then you become the sole owner of the house. Other property held in joint names will most likely be 100% yours. If you are worried about this it would be a really good idea to get your own Attorney to advise you.

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