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

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?

Accepted Answer

Half-blood relatives inherit equally with whole-blood relatives

Answer

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:

Accepted Answer

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

Answer

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:

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

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?

Accepted Answer

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

Answer

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.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Wills Trusts and Estates 3