Taking The Stress Out Of Legal Matters

What happens when your parent does not leave a will?

On Behalf of | Nov 28, 2022 | Estate Planning |

When you become an adult, you begin to recognize how much your parents have sacrificed for you. You also begin to understand that they will not be around forever. If something were to happen to your parents before they create a will, who would inherit their estate?

When there is no will, Oregon’s intestate succession laws will determine where the assets go. Here is what you can expect in this scenario.

Will the government seize the estate?

Some people assume that if a parent dies without a will, the government will simply seize the estate. This is usually not the case in Oregon. While the property will go to the state’s coffers at first, it should eventually make its way to the closest surviving relatives.

Who will get the estate?

If your other parent is still alive, he or she will receive your deceased parent’s estate. However, if the surviving spouse is not your parent, he or she will get half of the property while you and your siblings split the rest. If there is no surviving spouse at all, the whole estate will go to you and the rest of your parent’s descendants. There may be exceptions if the deceased person is your stepparent or foster parent, or if the person has put you up for adoption.

A written will almost always makes matters easier, and if your parent does not leave one, it can cause some confusion. However, this does not mean that a court will deny you your fair share. By understanding Oregen’s intestate succession laws, you can make sure that you get what belongs to you.