Full question:
I am a widow living in Oregon. How much elective share can I claim from my husband’s property after his death?
- Category: Wills and Estates
- Subcategory: Elective Share of Estate
- Date:
- State: Oregon
Answer:
Your elective share in Oregon depends on how long you were married to your husband. It is calculated by multiplying the augmented estate by a percentage based on your marriage duration. Here’s the breakdown:
- Less than 2 years: 5% of the augmented estate
- 2 years but less than 3: 7%
- 3 years but less than 4: 9%
- 4 years but less than 5: 11%
- 5 years but less than 6: 13%
- 6 years but less than 7: 15%
- 7 years but less than 8: 17%
- 8 years but less than 9: 19%
- 9 years but less than 10: 21%
- 10 years but less than 11: 23%
- 11 years but less than 12: 25%
- 12 years but less than 13: 27%
- 13 years but less than 14: 29%
- 14 years but less than 15: 31%
- 15 years or more: 33%
The augmented estate includes:
- The decedent's probate estate
- The decedent's non-probate estate
- Your estate as the surviving spouse
To claim your elective share, you must file a motion for exercising your right of election in a probate proceeding within nine months of your husband’s death (ORS § 114.600). If you have further questions, consider seeking legal advice.
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.