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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31022
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If I am still legally married and have a child from a previous

Customer Question

If I am still legally married and have a child from a previous marriage if I die with a will, will my wife [who is separated from me] still get half my estate? This question is not about my situation. I live in Oregon
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.
Hi - thanks for your question. I'll be glad to assist. If someone dies with a will, his/her property will be distributed per the will UNLESS the spouse is excluded or receives less than half of the estate....and in that case, the spouse could file suit to challenge the will and receive 1/2 of the estate.
Expert:  Roger replied 1 year ago.
Here's a good link you can read: http://www.avvo.com/legal-guides/ugc/what-happens-when-you-die-without-a-will-in-oregon
Expert:  Roger replied 1 year ago.
In a situation where you leave behind a spouse, and descendants that are not related to your spouse, a child from a previous marriage for example, your spouse will only inherit one-half of the net estate.