Are trusts part of an intestate succession?

In Oregon, trusts may be part of the intestate succession, but there are some important considerations. A trust is a legal arrangement in which one or more individuals (the grantors) transfer property or assets to one or more other persons (the trustees) to be managed for the benefit of another person (the beneficiary). Trusts are generally created as a way to protect the assets of the grantor and provide for the beneficiaries of the trust. In an intestate succession, the assets of the deceased are distributed in accordance with Oregon law, which typically means that the assets go to the deceased’s closest relatives first (spouse, children, parents, etc.). A trust can be part of the intestate succession if it is considered part of the deceased’s estate. Trusts can be included in the intestate succession if the trust provisions were created in accordance with the Oregon Trust Code and if the trust was in effect at the time of death. In some cases, a trust may not be part of the intestate succession. If the trust was created after the death of the deceased, the trust assets would generally not be included in the intestate succession. Also, if the trust is a revocable or living trust, those assets would not be included in the intestate succession either. The same is true if the trust was created in another state or in another country. In general, trusts may be part of the intestate succession in Oregon, but there are important considerations that need to be taken into account.

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