Legal Question in Wills and Trusts in Oregon

My mom passed away and in her will it states that her bf gets 100% of the residence and a watch, but that any and all remainder or residue of her estate is to go to my wife and I. Who gets her car and any money that she had in her bank accounts?

Asked on 5/04/10, 3:18 pm

1 Answer from Attorneys

Susan Burns Law Office of Susan Ford Burns
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The "residue" of an estate is anything left that is not specifically gifted. This means that you and your wife would get your mother's bank accounts, stocks, her car, etc. If she co-owned any of these things with her boyfriend, he would get those things too (like a joint bank account) because the co-ownership usually has a survivorship right (meaning that the survivor gets it).

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Answered on 5/09/10, 9:53 pm

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