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hueraloka Asked June 2017

My brother has passed. His wife left him for drugs and another man. Does she have rights?

freqflyer Jun 2017
Rainmom, you are correct. I totally forgot about the situations where everything is listed in joint name.

jeannegibbs Jun 2017
Was your brother still married at the time of his death?

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Rainmom Jun 2017
I'm going to have to respectfully disagree with something freqflyer said - which I hate to do because her replies and advice are consistently among the best here at AC.
That said - an estate does not always have to go through probate- at least not here in Oregon. If there is a named beneficiary on every account probate and/or any court/judicial involvement is not required. This also includes the division of personal property- and I mean stuff like furniture and jewelry, not 20 acres of pasture - as long as specific items of high value are not listed in the will AND all the beneficiaries are in agreement as to who gets the china, who gets the bobble-head collection etc. For example my parents will said something along the line of "if any of my children wish to take items of personal property as a remembrance, they may do so.

That last bit has the potential to be a keg of dinomite but at least in my own situation - much to my surprise- everyone behaved in a civilized manner.

But, back to the question at hand - yes, a little more detail would be helpful. 

freqflyer Jun 2017
hueraloka, sorry for your loss. Did your brother have a Will? Either way, his estate will go into Probate and it will be the Probate Judge who decides who gets what according to the Will, and if there was no Will according to the State laws. The family can approach the Judge to state family issues.

vegaslady Jun 2017
Your question is unclear. Rights to do what or have what? Please be more specific about what it is you actually want to know.

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