Klamath Falls, OR asked in Estate Planning for Oregon

Q: If you are living in a cohabitation relationship in oregon, can your partner benefit upon the death of the other

If not in the will?

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

A: Oregon does not recognize common law marriage. If you are not legally married or registered domestic partners then you must be included in the Will to receive anything with some exceptions:

You are a co-owner or payable-on-death/transfer-on-death beneficiary (for example, on a bank/investment account).

Your partner has signed a Deed adding you as a co-owner on real property with rights of survivorship.

Your partner has named you as beneficiary on a Transfer on Death Deed.

Your partner has named you as beneficiary on another asset (for example on life insurance, a retirement account or an annuity).

Your partner put his/her assets in a Trust and you are a beneficiary.

This is not an exclusive list but just to give you an idea of other ways to own assets that do not rely on a Will.

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