Full question:
Any assets remaining in the trust estate shall be distributed by the trustee to the heirs at law of --,said heirs to be determined pursuant to the laws of the state in which he is residing at the time of his death providing for the distribution of estates of person dying intestate. what does this mean, I am his wife. diana I want to understand what that statement means?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Oregon
Answer:
An intestate estate is any part of the estate of a decedent not effectively disposed of by his will, which passes to his heirs as prescribed in the applicable state's laws of intestate succession. The estate of a decedent who dies intestate is distributed according to the intestacy laws where the decedent was domiciled and/or where the decedent owned real property. Under the intestate laws of succession, the spouse and heirs will receive property by the laws of descent and distribution and marital rights in the estate which may apply to a surviving spouse. Each state has an intestacy law which specifies who is to inherit property in the absence of a will. If a person dies without a will, the probate court will appoint a personal representative (or administrator) for his or her estate to receive creditors' claims against the estate, pay debts, and distribute the deceased person’s remaining property according to state laws.
Please see the following OR statutes:
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.
[1969 c. 591 § 20; 1987 c. 329 § 1]
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.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
