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Jane Doe Deer
Jane Doe Deer, Attorney
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WHAT WOULD MY RIGHTS BE AS A WIDOW IF THERE IS NO WILL AND ...

Resolved Question:

WHAT WOULD MY RIGHTS BE AS A WIDOW IF THERE IS NO WILL AND WE OWN PROPERTY IN OREGON AND ALASKA AND MY NAME ISN'T ON THE TITLE
Submitted: 6 years ago.
Category: Legal
Expert:  Jane Doe Deer replied 6 years ago.

HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

Would you like me to look it up for each state? Are you trying to convince your husband to get a will? (Good idea!).


Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 6 years ago.
YES I HAVE ASK THAT HE MAKE OUT A WILL BUT HE SEEMS TO BE DRAGGING HIS FEET I KNOW WHAT HIS WISHES ARE AS HE HAS CHILDREN FROM PREVIOUS MARRIAGES AND I WILL HONOR THEM I JUST NEEDED TH KNOW WHAT MY RIGHTS ARE TO SEE IF IS WHAT HE BELIEVES THEY ARE IF HE DOESN[T HAVE A WILL.HE BELIEVES IF HE DOESN'T HAVE A WILL BECAUSE WE HAVE BEEN MARRIED 10 YEARS THAT I WOULD RECIEVE HALF OF EVERYTHIN AND THE OTHER WOULD BE SPLIT AGAIN AND I WOULD RECIEVE A QUARTER OF THAT ENDING UP WITH 3/4 OF THE ESTATE . I DIDN'T MARRY HIM FOR THE PROPERTY BUT BEAUSE I HAVE AN INVESTMENT IN THIS MARIAGE I JUST WANTED TO KNOW WHAT MY RIGHTS ARE
Customer: replied 6 years ago.
YES IF YOU COULD LOOK UP FOR EACH STATE IT WOULD HELP. THANK YOU AND I APPOLOGIZE FOR THE ABOVE SPELLING
Expert:  Jane Doe Deer replied 6 years ago.

I'll have to respond tomorrow.

Thanks for your patience.

 

Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience: Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
Jane Doe Deer and 9 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
will you send your answer email
Expert:  Jane Doe Deer replied 6 years ago.

In Oregon if your husband died without a will:

INTESTATE SUCCESSION

 

112.015 Net intestate estate. Any part of the net estate of a decedent not effectively disposed of by the will of the decedent shall pass as provided in ORS 112.025 to 112.055. [1969 c.591 §19]

 

112.017 [1993 c.598 §4; 1995 c.235 §1; repealed by 1999 c.133 §1]

 

112.020 [Amended by 1969 c.591 §70; renumbered 112.585]

 

112.025 Share of surviving spouse if decedent leaves issue. If the decedent leaves a surviving spouse and issue, the intestate share of the surviving spouse is:

(1) If there are surviving issue of the decedent all of whom are issue of the surviving spouse also, the entire net intestate estate.

(2) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the net intestate estate. [1969 c.591 §20; 1987 c.329 §1]

 

112.030 [Amended by 1969 c.591 §71; renumbered 112.595]

 

112.035 Share of surviving spouse if decedent leaves no issue. If the decedent leaves a surviving spouse and no issue, the surviving spouse shall have all of the net intestate estate. [1969 c.591 §21]

 

112.040 [Amended by 1969 c.591 §73; renumbered 112.615]

 

112.045 Share of others than surviving spouse. The part of the net intestate estate not passing to the surviving spouse shall pass:

(1) To the issue of the decedent. If the issue are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation.

(2) If there is no surviving issue, to the surviving parents of the decedent.

(3) If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation. If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

(4) If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.

(5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship. [1969 c.591 §22]

 

112.047 Forfeiture of parent's share by reason of desertion or neglect. (1) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if the decedent was an adult when the decedent died and:

(a) The parent of the decedent willfully deserted the decedent for the 10-year period immediately preceding the date on which the decedent became an adult; or

(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the 10-year period immediately preceding the date on which the decedent became an adult.

(2) Property that would pass by intestate succession under ORS 112.045 from the estate of a decedent to a parent of the decedent shall pass and be vested as if the parent had predeceased the decedent if the decedent was a minor when the decedent died and:

(a) The parent of the decedent willfully deserted the decedent for the life of the decedent or for the 10-year period immediately preceding the date on which the decedent died; or

(b) The parent neglected without just and sufficient cause to provide proper care and maintenance for the decedent for the life of the decedent or for the 10-year period immediately preceding the date on which the decedent died.

(3) For the purposes of subsections (1) and (2) of this section, the court may disregard incidental visitations, communications and contributions in determining whether a parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent.

(4) For the purposes of subsections (1) and (2) of this section, in determining whether the parent willfully deserted the decedent or neglected without just and sufficient cause to provide proper care and maintenance for the decedent, the court may consider whether a custodial parent or other custodian attempted, without good cause, to prevent or to impede contact between the decedent and the parent whose intestate share would be forfeited under this section.

(5) The intestate share of a parent of a decedent may be forfeited under this section only pursuant to an order of the court entered after the filing of a petition under ORS 112.049. A petition filed under ORS 113.035 may not request the forfeiture of the intestate share of a parent of a decedent under this section. [2005 c.741 §2]

 

Note: Section 6, chapter 741, Oregon Laws 2005, provides:

Sec. 6. Section 2 of this 2005 Act [112.047] and the amendments to ORS 113.035 and 113.145 by sections 4 and 5 of this 2005 Act apply only to the estates of persons who die on or after the effective date of this 2005 Act [January 1, 2006]. [2005 c.741 §6]

 

112.049 Petition for forfeiture of parent's share. (1) A petition may be filed in probate proceedings to assert that the intestate share of a parent of a decedent is subject to forfeiture under ORS 112.047. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent's share.

(2) A petition under this section must be filed not later than:

(a) Four months after the date of delivery or mailing of the information described in ORS 113.145 if that information was required to be delivered or mailed to the person on whose behalf the petition is filed; or

(b) Four months after the first publication of notice to interested persons if the person on whose behalf the petition is filed was not required to be named as an interested person in the petition for appointment of a personal representative.

(3) The petitioner has the burden of proving the facts alleged in a petition filed under this section by clear and convincing evidence. [2005 c.741 §3]

 

112.050 [Repealed by 1969 c.591 §305]

-----------------------------------------------------------------

In Alaska if your husband died without a will:

Sec. 13.12.102. Share of spouse.

(a) Except as provided in (b) of this section, the intestate share of a decedent's surviving spouse is

(1) the entire intestate estate if

(A) no descendant or parent of the decedent survives the decedent; or

(B) all of the decedent's surviving descendants are also descendants of the surviving spouse and there is no other descendant of the surviving spouse who survives the decedent;

(2) the first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

(3) the first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse and the surviving spouse has one or more surviving descendants who are not descendants of the decedent;

(4) the first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse.

(b) The intestate share of the surviving spouse in settlement common stock or other inalienable stock in a corporation organized under the laws of the state under 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) is

(1) all of it if there is no surviving issue; or

(2) one-half of it if the decedent is survived by issue.

Sec. 13.12.103. Share of heirs other than surviving spouse.

A part of the intestate estate not passing to the decedent's surviving spouse under AS 13.12.102 , or the entire intestate estate if there is no surviving spouse, passes in the following order to the individuals designated below who survive the decedent:

(1) to the decedent's descendants by representation;

(2) if there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent;

(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or either of them by representation;

(4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.

 

Look, here's what you do. You call up an estate planning attorney - shop around for the best price and the firm with the best references - and set up an appointment for both of you. Give your husband at least two weeks notice of the appointment. Make sure he thinks about the appointment a little every day, but don't make a big deal of it. Some people are just afraid of writing wills. It's just the way it is. So you're going to have to bring him into the office, but you have to do it gently.

What you should have when you leave the attorney's office the second time is (1) will or living estate; (2) durable medical power of attorney; (3) general power of attorney; (4) living will (medical directive - do you want to be resucitated? Kept alive on machines?

Best of luck to you,

Jane.

Please click "ACCEPT" to pay my stipend.

Click "BONUS" if did a really great job and/or want to help me feed the deer where I live (see my picture).

Click "FEEDBACK" and I win points.

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has

Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience: Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
Jane Doe Deer and 9 other Legal Specialists are ready to help you

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Jane Doe Deer
Jane Doe Deer
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Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions