What are the rights of a surviving spouse?
In Oregon, a surviving spouse has many rights when it comes to inheritance laws. These rights generally include a spousal share of the deceased’s estate. This spousal share depends on if the deceased left behind a will. If there was a will, the surviving spouse’s share will be whatever the deceased appointed them. If there was no will, the surviving spouse is entitled to a portion of the deceased’s estate. This is referred to as the spousal elective share which is set in statute. In addition to the spousal share, the surviving spouse also has the right to inherit any life insurance, retirement accounts, or other assets that the deceased had in their name. These assets will go to the surviving spouse regardless of what is written in the will. If the deceased and surviving spouse had minor children together, the surviving spouse also has the right to be their legal guardian. This ensures that the children’s interests are protected and that a trustworthy guardian is looking after them. Finally, if the surviving spouse was the primary caregiver for the deceased spouse before their death, the surviving spouse may be eligible for survivor benefits through Social Security. These benefits provide a form of social security income for the surviving spouse. Overall, in Oregon, the rights of a surviving spouse are substantial and provide important protections for the surviving spouse’s well-being.
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