Hello all. I have been debating for the past few months whether or not to even ask about this. My father died of cancer in August of 2011. Upon his diagnosis in 2009, he retired from his job and moved in with his girlfriend. Shortly before his death, they declared themselves engaged. After he died, the GF/fiancee kept everything that he owned that had any value. Does she have any legal right to do this? Do I have any legal leg to stand on here? There was no will and things may or may not have been verbally promised to various parties. My main issue isn't with the value of the items in question...it's that she didn't ask. She just took. Please help. Thanks in advance, Chris.
According to the laws of intestacy in Oregon, an unmarried person who dies intestate (without a will), has inheritors determined by statute.
Dad's live in lover had no legal rights to receive anything of your dad's upon his passing.
Any promise dad made to her, without a will was invalidated upon his passing.
Bottom line, without a surviving spouse, everything would go to dad's issue (children, in equal shares).
If there are two, each would take 50% of dad's estate.
If there are three, each takes 33.33% of dad's estate.
If there is only one (YOU), you take 100% of dad's estate.
Unfortunately, the greedy cow has probably purloined everything.
Proving what dad had, or didn't have, at this late date might be impossible.
Here is Oregon law:
112.045 Share of others than surviving spouse.
The part of the net intestate estate not passing to the surviving spouse shall pass:
(1) To the issue of the decedent. If the issue are all of the same degree of kinship to the decedent, they shall take equally, but if of unequal degree, then those of more remote degrees take by representation.
(2) If there is no surviving issue, to the surviving parents of the decedent.
(3) If there is no surviving issue or parent, to the brothers and sisters of the decedent and the issue of any deceased brother or sister of the decedent by representation. If there is no surviving brother or sister, the issue of brothers and sisters take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.
(4) If there is no surviving issue, parent or issue of a parent, to the grandparents of the decedent and the issue of any deceased grandparent of the decedent by representation. If there is no surviving grandparent, the issue of grandparents take equally if they are all of the same degree of kinship to the decedent, but if of unequal degree, then those of more remote degrees take by representation.
(5) If, at the time of taking, surviving parents or grandparents of the decedent are married to each other, they shall take real property as tenants by the entirety and personal property as joint owners with the right of survivorship.
http://livingtrustnetwork.com/estat...testate-succession/oregon-intestacy-laws.html
