{"id":37464,"date":"2023-02-03T08:12:03","date_gmt":"2023-02-03T16:12:03","guid":{"rendered":"https:\/\/pdxlegal.com\/?page_id=37464"},"modified":"2023-02-03T12:53:10","modified_gmt":"2023-02-03T20:53:10","slug":"what-happens-if-you-die-without-a-will","status":"publish","type":"page","link":"https:\/\/pdxlegal.com\/what-happens-if-you-die-without-a-will\/","title":{"rendered":"What Happens If You Die Without a Will in Oregon?"},"content":{"rendered":"
One of the questions that our <\/span>Portland estate planning lawyers<\/span><\/a> do not ever want to answer for our clients is, \u201cWhat happens if you die without a will?\u201d<\/span> If your loved one dies without a will<\/b> and fails to make an estate plan that states their final wishes, then <\/span>the state of Oregon dictates who receives their estate.<\/b><\/p>\n Even if you think you are not leaving many valuable possessions behind, an estate plan can help your family or inheritors avoid costly disputes after your death and ensure that your wishes are followed. At Michael D. O\u2019Brien & Associates, P.C., we are dedicated to helping you plan for your family\u2019s future. Contact our law office now and schedule a free case evaluation with our Oregon estate planning attorneys.<\/span><\/p>\n If you or a family member pass away without a valid estate plan, the state of Oregon will distribute your estate to your heirs based on <\/span>intestate succession laws<\/b> \u2013 a plan that is usually much different than what you would have wanted. Oregon laws are quite specific about how assets are distributed when there is no will.<\/span><\/p>\n Creating a will should be considered a priority so you can have a say in what happens to your assets when you die. At Michael D. O\u2019Brien & Associates, P.C., our Portland estate planning lawyers are committed to:<\/span><\/p>\n Our bankruptcy and estate planning law firm proudly serves clients and their families in Portland, Bend, Clackamas, and its surrounding areas. Contact us today and schedule a free case evaluation to learn more about the importance of creating wills.<\/span><\/p>\n When you die without a legal will, it is called <\/span>dying intestate<\/b>. This means that your entire estate goes through the probate<\/a> process, which may take several months or years to complete. The probate court will appoint someone, usually a surviving spouse or adult child, to oversee the distribution of your assets and ensure that final bills and taxes are paid. This can be a stressful process for your loved ones, particularly if they disagree over who should be in charge.<\/span><\/p>\n Because wills contain specific instructions on what happens to your assets, the process of distributing your property will likely be much simpler for your family members and other beneficiaries. Our Portland OR estate planning lawyer can help you learn more about the consequences of dying without a will.<\/span><\/p>\n If you don\u2019t have a will when you pass away, the court will distribute your property according to the rules of intestate succession in Oregon. Your assets will go to your closest relatives, as defined by Oregon law regardless of what your relationship with them was like or what you would have wanted. Individuals inherit under what is referred to as intestate succession and no matter how much evidence is provided to indicate the intentions of the deceased, without a will, the law must be followed.<\/span><\/p>\n Most people assume that if you are married and have died intestate, all your assets will be passed to your <\/span>surviving spouse<\/b>. However, that\u2019s not always the case. Our Portland OR estate planning lawyer can explain the distribution of the assets when a married person dies without a will.<\/span><\/p>\n If you die married, the distribution of your other property will depend on how your assets are titled, whether the property is real property or personal property, your state\u2019s intestacy laws, and whether you have surviving spouse and children.<\/span><\/p>\n In Oregon, the following intestate laws apply if you are married and died without a will:<\/span><\/p>\n Some states apply inheritance laws on marriage to domestic partnerships, while other states that recognize domestic partnerships may not recognize inheritance rights.<\/span><\/p>\n Unfortunately, Oregon is one of those states that do not legally recognize domestic partnerships between a male and a female couple. Oregon laws only allow domestic partnerships for same-sex couples. And this is exactly<\/span> why it\u2019s important to seek legal advice from our Portland estate planning lawyers for other estate planning options that could cater to your needs. <\/span><\/p>\n Several scenarios can occur if you\u2019re single and die without a will. Our Portland estate planning<\/a> attorney can explain the intestate succession law applicable to single persons. In most states, <\/span>intestacy laws<\/b> award the estate in the following manner:<\/span><\/p>\nWhy Do You Need an Estate Planning Lawyer in Oregon?<\/b><\/h2>\n
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What Happens If You Die Without a Will in Oregon?<\/b><\/h2>\n
What Happens If You Die Without a Will and You Are Married?<\/b><\/h3>\n
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What Happens if You Die Without a Will and You Are in a Domestic Partnership?<\/b><\/h3>\n
What Happens if You Die Without a Will and You Are Single?<\/b><\/h3>\n
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Which Assets Pass Via Intestate Succession?<\/b><\/h2>\n