Legal Question in Wills and Trusts in Oregon
Estate Law and wills
My mother died recently and we are not sure if she had a will. She was remarried, so her surviving spouse is our step-father. We are wondering if we have any legal rights in getting some family heirloom articles that she was in possession of when she died, such as scrapbooks, photo albums, and other memorabilia from our ancestors?
1 Answer from Attorneys
Re: Estate Law and wills
The first issue is whether your mother left a will. If she did, then the will controls who gets what. If she did not, the the state laws will control.
Oregon's laws of intestate succession provide that if a person dies with children who are not the children of her spouse, then the surviving spouse gets one half and the children split the other half of the probate property. This could include more than just family heirlooms, but could also include bank accounts, real estate and vehicles. It will not include those items where she shared ownership with your step-father.
Our office offers a low cost initial consultation for probate issues.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
