Bandon, OR asked in Estate Planning for Oregon

Q: does the wife get the house her husband owned before marriage if he passes away by law, or can he leave it to children

this is in Oregon. My senior dad married someone who wants a lot of things...formerly my brother and I were to inherit the family home of some 40 years, now he says by law she owns half and she will sell it to buy herself a triple wide trailer if he dies. He claims 50/50 laws in Oregon make it so, but my bro and I suspect she made him change his will. We just want to know the truth, as she may be lying to and manipulating him. Thanks!

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1 Lawyer Answer
Theressa Hollis
Theressa Hollis
  • Estate Planning Lawyer
  • Portland, OR
  • Licensed in Oregon

A: If your father added his wife to the Deed then the property is likely to go to her at his death. If he did not add her to the Deed then the property will go according to his Will. However, if he leaves his wife out completely then she has a right to claim a percentage of his estate (5% - 33% based on how long they were married). I recommend that your father meet with an experienced estate planning attorney to learn more about Oregon laws and put his plan in place.

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