Recent Ruling: Elective Share
From time to time we will publish recent local cases or legislative bills:
Wilson v. Wilson, 224 Or App 360, 197 P.3d 1141 (2008)
Background: This is a spousal elective share case. The conservator of the decedent’s wife filed a claim for her elective share. Before the court determined whether or not to grant the elective share, the wife died.
Holding: The elective share is personal to the surviving spouse and the right to it extinguishes upon the death of the surviving spouse.
Comment: This past legislative session, the Oregon Legislature amended the surviving spouse elective share statute. A copy of the statute is available here.
