How is an estate divided if there is no will?
Full Question:
How is Estate divided if there is no will?
04/10/2007 |
Category: Wills and Estates |
State: Oregon |
#2875
Answer:
The folowing are Oregon statues:
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.
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.
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.