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Schneider Rasche LLC
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Who is Your Child? Frozen Sperm and the Afterborn Child - Under Oregon law a child conceived prior to death and born to the surviving spouse after the death, has the same right to inherit as any other natural child of the decedent. (ORS 112.075) But suppose the child was conceived after death. Does that child have the same rights? Whether a child conceived after the death of the donor parent can inherit from that parent, has not been raised in Oregon.  If you decided to freeze your reproductive cells, it is important that you express, in writing, whether you want your cells used after your death and whether you intend that a child born of the reproductive cell be entitled to inherit your Estate. For those who are married, it is important that your spouse join in the writing and agree to honor your wishes.  That written agreement should include a provision about what will be done with the cells in the event of a divorce or the death of either party.
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Who is Your Child? Child of Artificial Insemination - Who is Your Child? Child of Artificial Insemination Under Oregon law, a physician may not use artificial insemination to impregnate a woman unless she signs a written request and consent for the procedure.  If she is married, her spouse must submit a written request and consent as well. Once the Child is born, the father is listed on the birth certificate as the child’s natural father, with all the rights as any other natural child born of his parents (ORS 109.243). A child born to a married couple using any other form of assisted conception has the same rights as a child conceived the old fashioned way. It is presumed that the husband consented to the assisted conception procedure. If that is not the case, and he is not the father of the child, he can petition (ask) the court to terminate his parental rights and responsibilities. If the husband is successful, the child will not be able to inherit from the husband, nor from his family.
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The Common Law Marriage - A Common Law marriage is one that has not been solemnized by ceremony.  It is more than just living together.  The couple must agree to live together as man and wife, and then publicly hold themselves out as being married; i.e., tell everyone that they are married. Many states do not recognize a Common Law marriage as being valid, and have passed laws to that effect. The state of Oregon does not have a specific law banning Common Law marriages, but Oregon courts have ruled that a Common Law marriage that is entered into in the state of Oregon is not recognized in this state (Huard v. McTeigh, 232 P. 658 (Or. 1925)).  Oregon respects the laws of other states, so even though Common Law marriages are not valid if entered into within Oregon, Courts will recognize a Common Law marriage if it is valid in the state where the couple entered into the marriage (Walker v. Hildebrand, 243 Or. 117 (1966), 410 P.2d 244).
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3 Basic Ways to Title Property - Your Net Worth is the value of all that you own, and that is how much your beneficiaries can inherit.  Who will inherit your property depends on how your property is titled (held or owned). There are three basic ways to title property: IN YOUR NAME ONLY Property held in your name only, and no provision for a transfer to a beneficiary after death, will be inherited by the beneficiary named in your Will.  If you do not have a Will, the property will go to your heirs according to Oregon’s Laws of Intestate Succession. JOINTLY WITH ANOTHER Property you own jointly with right of survivorship will belong to the surviving joint owner(s) of that property. IN TRUST FOR ANOTHER Property you hold in Trust will go to those you name as the beneficiary of the Trust. NOTE:  If you are married, your spouse may have rights in your property, regardless of the way your property is titled.
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3 Basic Ways to Title Property - Your Net Worth is the value of all that you own, and that is how much your beneficiaries can inherit.  Who will inherit your property depends on how your property is titled (held or owned). There are three basic ways to title property: IN YOUR NAME ONLY Property held in your name only, and no provision for a transfer to a beneficiary after death, will be inherited by the beneficiary named in your Will.  If you do not have a Will, the property will go to your heirs according to Oregon’s Laws of Intestate Succession. JOINTLY WITH ANOTHER Property you own jointly with right of survivorship will belong to the surviving joint owner(s) of that property. IN TRUST FOR ANOTHER Property you hold in Trust will go to those you name as the beneficiary of the Trust. NOTE:  If you are married, your spouse may have rights in your property, regardless of the way your property is titled.
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What a Will Can and Cannot Do - To understand why “A Will is Not Enough in Oregon” you need to know what a Will can and cannot do.  One thing a Will can do is make a gift of all you own (your Estate). One of the things a Will cannot do is preserve and protect your property during your lifetime. For that, you need to think about risks to your property (poor investments, theft, loss through acts of nature, etc.) and what you can do to minimize or eliminate such risks.  In other words, you need an Estate Plan for the care and management of your property during your lifetime.
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