Full question:
My husband died last month without leaving a will. He had an adopted son from a prior marriage. I and my husband did not have any children. Can I claim the whole of my deceased husband’s estate?
- Category: Wills and Estates
- Subcategory: Intestacy
- Date:
- State: Oregon
Answer:
Under Oregon intestate laws (Chapter 112), a surviving spouse can claim the entire net intestate estate only if the deceased had no descendants. Since your husband had an adopted son from a prior marriage, he is considered a descendant. Therefore, you are entitled to only half of the net intestate estate.
According to ORS 111.005, a descendant includes an adopted child and their descendants. If a decedent leaves a surviving spouse and also has descendants, the surviving spouse's share is limited to one-half of the estate. If there are no descendants, the surviving spouse receives the entire estate (ORS 112.035).
In your case, since your husband had an adopted son, you will receive only half 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.