OR Bar Wills Trusts and Estates 3

Question 1

Under Oregon intestate succession, if a decedent is survived by a spouse and two children who are also children of that spouse, the estate is distributed:

Accepted Answer

Entirely to the surviving spouse

Answer

Equally among spouse and children in three shares

Answer

One-half to spouse and one-half equally to the children

Answer

One-third to spouse and two-thirds equally to the children

Question 2

How does Oregon intestate succession law treat half-blood relatives compared to whole-blood relatives of the same degree?

Accepted Answer

Half-blood relatives inherit equally with whole-blood relatives

Answer

Half-blood relatives inherit half as much as whole-blood relatives

Answer

Half-blood relatives are excluded if any whole-blood relatives survive

Answer

Half-blood relatives inherit only personal property, not real property

Question 3

A testator's will executed in 2022 makes no provision for a child born in 2024. Under Oregon's pretermitted child statute, that child is entitled to:

Accepted Answer

An intestate share, unless the will shows intentional omission or substantially all assets pass to the other parent

Answer

Nothing, because the will was validly executed before the child's birth

Answer

A forced share equal to one-third of the estate regardless of will terms

Answer

An equal share with any other children named in the will

Question 4

Under Oregon law, a valid disclaimer of an inheritance:

Accepted Answer

Is a written refusal that, if timely filed, relates back to the date of the decedent's death treating the disclaimant as predeceased

Answer

Must be filed before the decedent's death to be effective

Answer

Allows the disclaimant to redirect the disclaimed property to a chosen alternate beneficiary

Answer

Requires probate court approval to become effective

Question 5

A decedent dies intestate survived by a spouse and two children from a prior relationship. How does Oregon distribute the intestate estate?

Accepted Answer

One-half to the surviving spouse and one-half equally to the two children

Answer

Entirely to the surviving spouse

Answer

One-third to the surviving spouse and two-thirds equally to the two children

Answer

Equally divided among the spouse and two children in three equal shares

Question 6

Under Oregon law, for a lifetime gift to an heir to be treated as an advancement against an intestate share:

Accepted Answer

The decedent must declare it an advancement in a contemporaneous writing, or the heir must acknowledge it as such in writing

Answer

Any gift over $10,000 is automatically presumed an advancement

Answer

The gift must be made within three years of death to qualify as an advancement

Answer

All lifetime gifts to potential heirs are automatically treated as advancements

Question 7

Oregon's anti-lapse statute substitutes surviving issue of a predeceased devisee. To which devisees does Oregon's anti-lapse statute apply?

Accepted Answer

Grandparents and descendants of the testator's grandparents (relatives within that class) who predecease leaving issue

Answer

Any named devisee who predeceases the testator and leaves surviving issue

Answer

Only spouses and direct children of the testator

Answer

Any beneficiary related to the testator by blood or marriage