QUESTION
Can step children claim inheritance of home if the biological mother dies and the stepfather remarries, then dies?
Asked on Jun 11th, 2015 on Estate Planning - Oregon
More details to this question:
Wife (of about 45 years) passed away 10 years ago. He had raised her five children over the course of those years (along with 3 of his own biological sons). He never adopted the step children and he received no financial help from the biological father. At his wife's death, he was named successor in probate court. The decedent died intestate. All decedents’ heirs are listed at the bottom of the document. I married him seven years ago. In a "special warranty deed" he, as grantor, conveys a specially warrant to include both himself and me, his new wife. We each made a will to leave the home to the surviving spouse. In addition, we have individual wills which read the same and designates certain children/step children for inheritance should we both pass. Not all step children are included which is noted there in as well. I brought personal assets into our marriage, and upgraded the modest home, by about $35,000. Even then this home is only valued about $90,000. If my husband dies, can these step children take my home? Either way, I would appreciated some legal ST of OR references behind your comments to me. Thank you very much.
1 ANSWER
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I'm going to say no, although to be clear there are assumptions involved. First, the interest of the step-children in their mother's estate should have been resolved in the probate of her estate her husband would get half, and her children would get half. ORS 112.025(2). But I'm also going to assume that the house was not included in the probate, because it most likely was owned by husband and wife as tenants by the entirety. ORS 93.180, but be careful, this statute has changed over time read the deed to husband and first wife. If it was held by husband and wife as tenants by the entirety, then it passed to husband on wife's death by operation of law. Then, I'm assuming that the deed to husband and to you also creates tenancy by the entirety. In that case, regardless of what a will says, you own the house on your husband's death. Finally, I'm assuming that there was no contract between husband and first wife regarding making a will or not changing the will after the death of the first.
Answered on Jun 15th, 2015 at 3:10 PM