OR Bar Wills Trusts and Estates 3 — Questions and Answers
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:
- Equally among spouse and children in three shares
- Entirely to the surviving spouse (Correct answer)
- One-half to spouse and one-half equally to the children
- One-third to spouse and two-thirds equally to the children
Correct answer: Entirely to the surviving spouse
In Oregon, if all surviving descendants are also descendants of the surviving spouse, the surviving spouse takes the entire intestate estate.
Question 2: How does Oregon intestate succession law treat half-blood relatives compared to whole-blood relatives of the same degree?
- Half-blood relatives inherit half as much as whole-blood relatives
- Half-blood relatives are excluded if any whole-blood relatives survive
- Half-blood relatives inherit equally with whole-blood relatives (Correct answer)
- Half-blood relatives inherit only personal property, not real property
Correct answer: Half-blood relatives inherit equally with whole-blood relatives
Oregon treats half-blood relatives the same as whole-blood relatives of the same degree for intestate succession purposes.
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:
- Nothing, because the will was validly executed before the child's birth
- An intestate share, unless the will shows intentional omission or substantially all assets pass to the other parent (Correct answer)
- A forced share equal to one-third of the estate regardless of will terms
- An equal share with any other children named in the will
Correct answer: An intestate share, unless the will shows intentional omission or substantially all assets pass to the other parent
Oregon's pretermitted child statute awards an after-born or after-adopted child an intestate share unless the will indicates intentional omission or the other parent receives substantially all assets.
Question 4: Under Oregon law, a valid disclaimer of an inheritance:
- Must be filed before the decedent's death to be effective
- Is a written refusal that, if timely filed, relates back to the date of the decedent's death treating the disclaimant as predeceased (Correct answer)
- Allows the disclaimant to redirect the disclaimed property to a chosen alternate beneficiary
- Requires probate court approval to become effective
Correct answer: Is a written refusal that, if timely filed, relates back to the date of the decedent's death treating the disclaimant as predeceased
A timely written disclaimer relates back to the decedent's date of death and treats the disclaimant as if they predeceased the decedent; the disclaimant cannot direct where the property goes.
Question 5: A decedent dies intestate survived by a spouse and two children from a prior relationship. How does Oregon distribute the intestate estate?
- Entirely to the surviving spouse
- One-half to the surviving spouse and one-half equally to the two children (Correct answer)
- One-third to the surviving spouse and two-thirds equally to the two children
- Equally divided among the spouse and two children in three equal shares
Correct answer: One-half to the surviving spouse and one-half equally to the two children
When the decedent's surviving children are not children of the surviving spouse, Oregon splits the estate: one-half to the spouse and one-half to the children.
Question 6: Under Oregon law, for a lifetime gift to an heir to be treated as an advancement against an intestate share:
- Any gift over $10,000 is automatically presumed an advancement
- The decedent must declare it an advancement in a contemporaneous writing, or the heir must acknowledge it as such in writing (Correct answer)
- The gift must be made within three years of death to qualify as an advancement
- All lifetime gifts to potential heirs are automatically treated as advancements
Correct answer: The decedent must declare it an advancement in a contemporaneous writing, or the heir must acknowledge it as such in writing
Oregon requires a contemporaneous written declaration by the decedent or a written acknowledgment by the heir for a lifetime transfer to qualify as an advancement.
Question 7: Oregon's anti-lapse statute substitutes surviving issue of a predeceased devisee. To which devisees does Oregon's anti-lapse statute apply?
- Any named devisee who predeceases the testator and leaves surviving issue
- Only spouses and direct children of the testator
- Grandparents and descendants of the testator's grandparents (relatives within that class) who predecease leaving issue (Correct answer)
- Any beneficiary related to the testator by blood or marriage
Correct answer: Grandparents and descendants of the testator's grandparents (relatives within that class) who predecease leaving issue
Oregon's anti-lapse statute protects devises to the testator's grandparents and their descendants who predecease, substituting their surviving issue for the failed gift.
OR Bar Wills Trusts and Estates 3
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: