Without a will, your estate may not be distributed how you expect. Dying intestate means state law determines who inherits your property. This can create unnecessary stress for loved ones and lead to unintended outcomes.
How Oregon handles intestate estates
When someone dies intestate, the state’s intestacy laws decide how assets are divided. The law prioritizes close relatives, starting with your spouse and children. If you’re married with no children, your spouse typically inherits everything. However, if you have children, your spouse shares the estate with them.
For individuals without a spouse or children, the estate passes to the closest relatives like parents, siblings, or extended family. If no relatives can be located, the state claims the property.
Issues with dying intestate
Dying without a will can cause disputes among family members. Relatives may disagree on how assets should be handled, especially in blended families. Oregon’s laws don’t account for stepchildren or unmarried partners, leaving them without inheritance rights unless named in a will.
Additionally, the process of distributing an intestate estate can take longer and cost more. The court appoints a personal representative to handle the estate, adding time and legal expenses to the process.
How a will prevents complications
Creating a will ensures your wishes are clear and legally enforceable. It allows you to decide who inherits your property, minimizing family conflict and delays. You can also appoint a trusted person to oversee your estate, giving you control over the process.
By taking the time to plan, you can protect your loved ones and avoid the uncertainties of intestate succession. A will offers peace of mind and ensures your legacy reflects your intentions.