Is it true that if I die without a Will the state will take all of my assets?

UPDATED: Jul 25, 2013

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Is it true that if I die without a Will the state will take all of my assets?

Asked on July 25, 2013 under Estate Planning, Oregon


Nathan Wagner / Law Office of Nathan Wagner

Answered 9 years ago | Contributor

That is not true. If you die without a Will, your assets will go to your family members in the order described by your state's laws of intestacy. In most states, that means your spouse takes your assets; if you have no spouse, your children take; if you have no children, your parents take; etc., etc., etc.

If you have no family members at all, then your assets will go to the state.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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