Seattle, WA asked in Estate Planning and Probate for Oregon

Q: My farther passed away with no will I have two siblings that are his wife's and I have a different mom Oregon law

States if we all have the some parents she gets all because I have a different mom she gets half and I get the other half is this right

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in Oregon

A: When a person dies leaving a surviving spouse and children, at least one of whom is not by the surviving spouse then the surviving spouse gets half and the decedent’s children ( all of them, not just you) share the other half equally.

Theressa Hollis agrees with this answer

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

A: First, it is important to pay attention to where your father resided at his death and to confirm that he definitely did not sign a Will (even if it was many years ago). If he was an Oregon resident and died intestate (with no Will) then 1/2 of his probate estate will go to his surviving spouse and 1/2 will be split equally between ALL of his children (including adopted but not including step-children).

There is a good chance that your father and his wife owned their house as husband and wife which, in Oregon, means that the house goes to his spouse at his death. To know for sure you will need to check the Deed. It's also likely that your father and his wife owned some or all of their bank accounts jointly. In Oregon there is a rebuttable presumption that the bank account goes to the surviving owner. You should check to see if you were named as beneficiary on any of his retirement accounts, annuities or life insurance policies.

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