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112.025 Share of surviving spouse if decedent
leaves issue.
If the decedent leaves a surviving spouse and
issue, the intestate share of the surviving spouse is:
(1) If there are surviving issue of the decedent all of whom are issue of
the surviving spouse also, the entire net intestate estate.
(2) If there are surviving issue of the decedent one or more of whom are not
issue of the surviving spouse, one-half of the net intestate estate.
112.035 Share of surviving spouse if decedent leaves no issue.
If the decedent leaves a surviving spouse and no
issue, the surviving spouse shall have all of the net intestate estate.
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.
112.055 Escheat.
(1) If no person takes under ORS 112.025 to
112.045, the net intestate estate escheats to the State of Oregon.
112.065 Representation defined.
“Representation” means the method of determining
the passing of the net intestate estate when the distributees are of unequal
degrees of kinship to the decedent. It is accomplished as follows: The
estate shall be divided into as many shares as there are surviving heirs of
the nearest degree of kinship and deceased persons of the same degree who
left issue who survive the decedent, each surviving heir of the nearest
degree receiving one share and the share of each deceased person of the same
degree being divided among the issue of the deceased person in the same
manner.
112.095 Persons of the half blood.
Persons of the half blood inherit the same share
that they would inherit if they were of the whole blood.
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