Can my husband of 42 years write me out of his Will?

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Can my husband of 42 years write me out of his Will?

Asked on April 29, 2012 under Estate Planning, Oregon

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You mean and leave you nothing?  No.  In Oregon a spouse has what is known as a right of election against an estate of the deceased spouse, which is I understand 33% of what is known as the augmented estate for a marriage of your duration.  Any property jointly held passes to you automatically upon his death.  Just double check with an attorney in your area as to particulars of your situation.  There are loop holes. Good luck.


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