Administration of Estates Generally

ORS 114.015
Support of spouse and children


The court by order shall make necessary and reasonable provision from the estate of a decedent for the support of the spouse and dependent children of the decedent, or any of them, upon:

(1)

Petition therefor by or on behalf of the spouse or any dependent child;

(2)

Service of the petition and notice of hearing thereon to the personal representative, unless the petitioner is the personal representative;

(3)

Notice to persons whose distributive shares of the estate may be diminished by the granting of the petition, unless the court by order directs otherwise; and

(4)

Hearing. [1969 c.591 §104]

Notes of Decisions

Where decedent's wife, in pre-nuptial agreement, agreed that separate property of parties would remain free of any claim of the other during joint life of parties or thereafter, she waived statutory claim to support. Simmons v. Simmons, 82 Or App 540, 728 P2d 921 (1986)


Source

Last accessed
Jun. 26, 2021