Does a surviving spouse have any special rights to an intestate estate?

In Oregon, a surviving spouse has several special rights to an intestate estate. An intestate estate is an estate without a will, meaning that the deceased person did not make a will to dictate how the estate should be divided. The Oregon intestate succession law states that a surviving spouse is entitled to receive the entire intestate estate if there are no surviving children, grandchildren, parents, or siblings of the deceased. If the deceased is survived by any of these people in addition to the surviving spouse, the surviving spouse will receive a portion of the estate, with the remainder to be divided among the other survivors. The surviving spouse also has the right to take a certain amount of the intestate estate regardless of other survivors. This amount is equal to whatever the intestate estate is worth, divided by the number of surviving children and stepchildren, and then multiplied by the number of children and stepchildren the surviving spouse had with the deceased. In addition to these rights, the surviving spouse may also be entitled to a family allowance from the intestate estate. This allowance is meant to provide an income to the surviving spouse and is of a reasonable amount considering the guidelines set out by the Oregon intestate succession law. In summary, the surviving spouse in Oregon has several special rights to an intestate estate. They may receive a portion of the estate, a portion of the estate regardless of other survivors, and a family allowance.

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