Q: If a claiming successor (only sister of deceased brother) has two children, then the estate is divided equally in Oregon
A:
I'm afraid you have not asked a question. However, if an Oregon resident dies without a Will or Trust then Oregon's intestate laws control the distribution of his estate. When a decedent has no spouse, children or surviving parents the estate assets (after payment of all outstanding creditors and taxes) are distributed equally to his siblings. The children of a sibling (nieces & nephews) are only included in the distribution if that sibling died *before* the decedent.
If this is confusing I recommend you speak with a probate attorney to provide you with legal advice on your specific situation.
Joanne Reisman agrees with this answer
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A: Your question doesn't make sense. Filing a small estate's affidavit as a claiming successor doesn't mean the person is an heir. You have to follow the devises per the decedent's will and if there wasn't a Will you have to follow Oregon's intestacy laws. You also have to pay the decedent's debts which have priority per Oregon Law before you can distribute anything to the heirs. Small Estate Affidavits are not really designed to be easy DIY projects. They do require legal knowledge or getting help from a lawyer.
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