Last Will & Testament

[marilynm]

What is the name of your state?undefinedWhat is the name of your state?Question from Oregon: My mother who recently passed away in February 2005, made out her last will and testament in 1984. At that time she was not married (widow). She married in January of 1999 and never changed her will or updated it. Is it still in effect? Or is it now null and void? She left her property real and personal to her daughter (me) but now does her husband have a say so in her real property? Thanks

 

[divgradcurl]

What is the name of your state?undefinedWhat is the name of your state?Question from Oregon: My mother who recently passed away in February 2005, made out her last will and testament in 1984. At that time she was not married (widow). She married in January of 1999 and never changed her will or updated it. Is it still in effect? Or is it now null and void? She left her property real and personal to her daughter (me) but now does her husband have a say so in her real property? Thanks

Since her new husband is still alive, your mom's 1984 will would be revoked, and her estate is treated as if she died intestate. See Oregon Revised Statutes Section 112.305.

Heres some info on Oregon's intestacy laws:

Oregon Intestate Succession Laws

If any part of an Oregon decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If a decedent leaves no surviving issue (e.g., child or grandchild) or all of decedent's issue are also issue of the surviving spouse, the surviving spouse is entitled to all of the net intestate estate.
If one or more of the decedent's issue are not issue of the surviving spouse, the surviving spouse is entitled to one-half of the net intestate estate.
2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:

Decedent's issue. If they are all of the same degree of kinship to the decedent, they take equally. If they are of unequal degree, then those of more remote degrees take by representation.
Decedent's surviving parents.
Decedent's brothers and sisters and the issue of each deceased brother and sister 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. If they are of unequal degree, those of more remote degree take by representation.
Decedent's grandparents 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. If they are of unequal degree, those of more remote degrees take by representation.
As used above, "representation" refers to the method of determining the passing of the net intestate estate when the distributees are of unequal degrees of kinship to the decedent. Under this method, the estate is divided into as many shares as there are:

surviving heirs of the nearest degree of kinship; and
deceased persons of the same degree who left issue who survive the decedent, each surviving heir of the nearest degree receiving one share and the share of each deceased person of the same degree being divided among the issue of the deceased person in the same manner.
3. State of Oregon. If there is no taker under any of the above provisions, the intestate estate passes to the state of Oregon.

Oregon Intestate Succession Law Fun Facts

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.
Relatives of the decedent conceived before his or her death but born thereafter inherit as if they had been born in the lifetime of the decedent.
Evildoers take note! A person who murders the decedent is deemed to have predeceased the decedent. This means that the murderer is ineligible to get property passing from decedent's estate under the intestate succession laws or by will or trust.
Oregon's intestate succession laws can be found in Chapter 112 of the Oregon Revised Statutes.

So, if you are the only child, you and the surviving spouse will split things 50/50 -- however, not everything will be part of the estate -- anything that was acquired after mom + husband got married in 1999 will be "community property" and the surviving spouse will likely get all of the community property. As far as the separate property is concerned, the surviving spouse will get 1/2, and you will get the other 1/2. If you have brothers or sisters, then you will split your 1/2 equally with them.

Depending on the size on your mom's estate, you may need to consult an attorney to figure everything out.

 

[marilynm]

State of Oregon: Thank you for the information. We now have an attorney and will go from there. This teaches me to have an updated, clear and precise will for myself and husband. I hope your information will help others as well. Thanks again.