My husband died without having a will. He had children from a previous marriage. What am I entitled to?

Question:
My husband, to whom I have been married for 15 years, died recently. We lived in my house that I had from before we were married. When he died he left some property, including a house, that was totally in his name. We both have children from prior marriages. He didn’t have a Will. Am I entitled to his property and the house?
Answer:
Maybe. Normally under Oregon law a surviving spouse takes the entire estate upon the death of the other spouse. However, when the decedent leaves children who are not children of the surviving spouse, those children have a right to a portion of the probate estate. As the surviving spouse, you are entitled to fifty percent of the probate estate. Your husband’s surviving descendants, which would mean his children, take the remaining fifty percent.
If your husband had left a Will, he could have protected his own children to the extent desired, and you would have known ahead of time which properties would have gone to them and which properties would go to you. He might have avoided probate altogether had he transferred the other property into joint ownership, or established a revocable living trust. If you and your husband’s children can not decide on who gets what, all of the property might have to be sold to ensure that each gets his or her proper share.
Unfortunately, too many people have neither a will or a trust which would identify their intent and desires after their death. They become so involved in their daily activities that they give little thought to what happens after they die. Families can be financially devastated and ripped apart by this procrastination.