Please keep in mind that laws can vary, and it's essential to consult with a legal professional for advice specific to your situation.
When a person dies without a will, it is known as dying "intestate." In such cases, the distribution of the deceased person's assets is determined by state intestate succession laws. These laws outline who inherits the assets and in what proportions.
In Oregon, if your mom died without a will and is survived by her spouse (your stepdad) and children, the distribution of her assets would typically depend on the family situation:
If your mom has children from a previous relationship (you and your siblings) and her spouse (your stepdad):
- If your mom's assets are solely owned by her and not held jointly with your stepdad, the assets may be distributed as follows:
- Your stepdad may be entitled to a certain portion of the assets (e.g., a portion of the personal property and a share of the real estate).
- The remaining assets would generally be divided among her children (you and your siblings).
- The specific distribution percentages can vary based on factors like the number of children and the total value of the estate.
If your mom and stepdad had children together:
- In this case, your stepdad and your half-siblings would typically inherit the assets. However, the specifics depend on the number of children and the overall family situation.
It's important to note that intestate succession laws can be complex, and there may be certain exceptions or other factors that could influence the distribution. Additionally, the process may involve going through probate court, which can also affect the distribution of assets.
To ensure you understand the specific laws that apply to your situation, it's crucial to consult with a probate attorney in Oregon. They can provide personalized guidance and help you navigate the legal process to ensure the assets are distributed appropriately according to the state's laws.