Oregon state law says what... when dad died then stepmom dies 1 yr later?

Question

my father died two years ago and my step mom said there was no will. I wouldn't doubt that so I went along with whatever she wanted since she was my fathers wife and deserved the respect. Well then a year later she dies and again no will. She had no kids, just my dads daughters. Her sister came to my dads house and along with my fathers sister they sold EVERYTHING and did not even let my sister and I know anything was up for sale. Is this legal?

Answer 1

As I told you in your OTHER post, and since I have more information, let's try a correct answer.

First, it doesn't matter if both are dead. The process is the same. If your father died without a will, you will file INTESTATE PROBATE for your father's estate. All property jointly owned (with rights of survivorship) will pass to the wife outside of probate, including any insurance with a stated beneficiary (which will pass to that beneficiary).

Property that is not jointly owned as above, will be divided per 'stripes'. That is, if it is Joint Tenents, only HIS half will be probated.

For example, under Oregon law, If one or more of the decedent's issue are not issue of the surviving spouse (and this would be you), the surviving spouse is entitled to one-half of the net intestate estate.

The rest of the estate will be divided between all surviving issue (children).

Therefore, as an example, if your father owned a home before he married the stepmother and did not convert it to joint tenants, you and your siblings would be entitled to 1/2 of the home and the wife (or in this case, the wife's estate) the other 1/2.

If, however, the home was held in joint tenancy, the wife would own 1/2 by title, then she would also be awarded 1/2 of the husband's 1/2 and you (and all other heirs) would split the remaining 1/4.

Once the father's estate is probated, then probate can proceed on the stepmother's estate of which you have no claim.

Answer 2

Well how you cope is that you both loved the same person for a long time, but with a different kind of love. One thing that will help you both is that you have something in common and start talking about your father/her husband because you can share this with each other. Give it sometime! A death in the family is no fun. My dad died over 16 years ago and I still miss him. We are in his will, but will not get anything until my mom dies and that is what they did. As for your dad not giving you anything, money should not stop your love for him and his wife, and what he did with his money he can do whatever he wants, that was his choice right just like you can do whatever you want with your money. As for the will he had, you will be contacted by the lawyer that drafted his will if he had one. I am sorry to hear of your loss and I hope the best for you. If this will make you feel better, my dad didn't give me any money either. I still loved him because he was my best friend and the last thin I thought about when he died was if he had a will and how much money I was going to get. You have a choice to get along with her or not and you just have to try all you can to cope. If you can't and tried everything you knew to cope with her, then you go on!

Answer 3

The state of Oregon should have appointed someone to oversee the probate of your step-mom's estate. Each state has rules about "closest living relatives"... it may be that your aunts were named as executors of the estate and that your step-mom's sister was, in fact, the beneficiary (or heiress) to whatever was left of the estate after all debts were paid.

That's sort of how it works... that the savings must be spent and property sold to pay of any debts there might have been. If there is anything left over, it goes to the closest living relative.

I'm sorry your aunts didn't talk through any of this with you. I know that made it harder for you to understand and accept.

I can't help but wonder if there might have been some medical expenses or funeral expenses that had to be paid.. and maybe some other debts owed, too... and so they may have been put in the position of selling of what they could as fast as they could, to honor your dad and step-mom's debts.

If they were given legal authority to deal with the estate, then they had the legal grounds to do what they did. If the estate was never probated, then I'm not sure what legal grounds they might have. Regardless, it obviously was difficult for you.. so they had no moral grounds...

Answer 4

Your story doesn't make any sense.

When your father died without a will, everything went to your stepmom. Your stepmom died without a will, everything should go to probate which in turns will distribute all assets (if any) to you and your sister only. Your step mom's sister and your father's sister can't just "sold everything" and did not even let you and your sister know anything was up for sale. Get a lawyer.

Answer 5

Probably not. Children are the official "next of kin" when no will exists, that is in most states. Hire a lawyer now and take their vulture butts to court. Without a will and with only a year between the deaths, I doubt they had legal standing.

But, and let this be a lesson...when in doubt, even if you like the beneficiary, consult a lawyer.

Answer 6

Unfortunately, yes. If there is no will, then the estate is said to be intestate. So all of your parent/s' possessions have to be sold for whatever reasonable value can be gotten, and the taxes on their possessions paid.

This is why it is so very important for people to make a will. Sorry for your multiple losses.

Best wishes.

Answer 7

You have a question to which there is only ONE correct answer.
You can ask a lawyer and get the correct answer or you can ask on Y!Answers and get opinions and guesses.

Why would you want opinions and guesses?

Answer 8

No its not legal, you are next of kin. Get a lawyer.

Answer 9

You need to talk to a lawyer! ASAP