Intestate Succession in Oregon

What happens when you die without a will

When a person dies without a Will in place, the Oregon Probate Law (Intestate Succession and Wills) determines how that person’s estate will be distributed.  The diagrams below will help you understand how the estate will be divided. This is not a complete list of scenarios but should give you a good idea of what can happen.  In real life, families can be incredibly complicated and who inherits what can be equally as complicated.

Surviving Spouse and Children

No Surviving Spouse and Surving Children

When there is no surviving spouse, the Estate is distributed evenly between the children.

Children from a Previous relationship and a surviving spouse

In this situation, the surviving spouse receives half of the estate while the Decedent’s children receive the other half distributed evenly.   Former spouse receives nothing.

Parents Share when Decedent has no children or spouse

When a Decedent passes with no Spouse or Children, the surviving Parent will inherit the estate.

No Heirs, unable to locate heirs or heirs refuse

Caveats

There are many other situations that can arise with families.  For example, parents can sometimes forfeit their share of estate because of neglect or abuse.  If the heir murdered or abused the person who died, Oregon law can prevent them from inheriting property.  There are also rules for grandparents inheriting property and for individuals inheriting property to two lines of relationships.

What appears first as simple can quickly become complicated when blended families, remarriages, not remarrying and other decisions we make throughout life get added to the mix.You can learn more about Oregon Probate on my practice area page. 

If you have any questions on how your property will be inherited after you pass, feel free to contact me.  

Estate Planning for Unmarried Seniors

About once a week I hear from unmarried seniors living together.  Typically they have been living together for about a decade and are previously divorced or widowed.  They had a reason not to get married at the time but one of them has now passed and the ownership of property is in question. 

There are many reasons why people don't want to get married (finances, bad previous marriages, etc.) but marriage does confer certain rights of inheritance. In the absence of a Will, Oregon's intestacy laws will determine who inherits.  This can lead to the surviving partner losing their home because they were not on the title. 

Substituted Decision Making

Unmarried couples are also unable to make financial and healthcare decisions for their partners.  Durable power of attorneys, healthcare power of attorneys, and certain types of trust can help you make decisions and care for your partner if they are to become incapacitated. 

Making sure Children are taken care of too

Trusts can be used to make sure that your surviving partner has the means to support themselves and, when they pass, your children still inherit they way you wanted. 

Marriage has Consequences

When you marry your spouse, your legal status changes and you acquire new legal rights.  The decision not to marry also has consequences and may lead to unintended consequences as you age.  At the very least, you should talk to your partner on how you want your property handled after your death.  If necessary, you should draw up estate planning documents to make sure your wishes are upheld.

What does an Oregon Probate Attorney do?

A probate attorney advises a personal representative and help guide them through the probate process.   While the steps of administering a probate estate in Oregon initially appear simple, there are many opportunities for mistakes and for malpractice.  

A large part of the job of a probate lawyer is to understand the nature of the assets of decedent.  Do they belong in the probate estate or do they pass outside of probate?  Are the assets located in Oregon or another state?  If they are located in another state, the Personal Representative may have to administer an ancillary probate in that state. 

Because the probate process in Oregon is court administered, filing with the court and requesting court permission takes up much of a probate attorney's time.   While personal representatives sometimes have an adversarial view of court administration, the State of Oregon has passed these legal requirements in order to protect the deceased, their heirs and anyone who may have had financial dealings with them.

If you have any questions regarding what a probate attorney does, please feel free to contact me.