Medina County, TX Estate Planning Law Firms & Lawyers

Until a couple is granted a divorce by a court, they are considered married. So your stepmother was still your father's wife at the time of his death. Many states allow a surviving spouse some part of the estate (what used to be called the widow's portion) but it's certainly not 50%. If the will is valid, it's unlikely that your stepmother can claim anything beyond what state statute allows.

It is not clear if the deceased's spouse was alive at his death. If she was alive at his death and she was omitted from the trust for whatever reason she would have the right to elect to take against the estate but the election must be made rapidly. If an estate was opened in the probate division of the circuit court (if the trust was contained in a will this would be the case). That election would have to be made within six months of the grant of Letters Testamentary or Letters of Administration. If the spouse has since died at the very least an estate should be opened for her. The heirs of the wife need to hire counsel to protect their rights.

Yes, but why? Are you thinking asset protection? Then you want limited liability companies, not revocable trusts. Revocable trusts in Oregon provide essentially no protection from the settler's creditors.