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Old 12-28-2009, 11:24 PM
 
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If my parent dies intestate, does anyone know what my rights are to the estate? My parent has a spouse, and I am the only child (although not from the present marriage).
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Old 12-29-2009, 10:06 AM
 
Location: Kansas City North
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Can't speak to OK law, but remember that anything the parent owns jointly with the spouse (bank accounts, house, cars, etc.) automatically goes to the spouse - they would not be part of the estate.

I've been in your situation and it wasn't a happy one. Good luck.
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Old 12-29-2009, 10:11 AM
 
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Thanks for the reply. I've heard different things about Oklahoma law for this situation, just trying to get my bearings right now.
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Old 12-29-2009, 03:04 PM
 
Location: Duncan, OK
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sonnerguy, here are a couple of links that might help... when the articles refer to a "surviving issue" that would be YOU. As you can see, you do have rights and things do not automatically go to the surviving spouse...there are many other considerations. (Such as length of marriage, who owned what prior to the marriage etc.)

Oklahoma Intestacy Laws

no will in Oklahoma

Contact an Attorney...many will give you a "free" 30 min. visit to determine if you need their services.

When someone passes on, people behave much differently than you would ever expect.

My Mother died intestate (she had a very simple Estate and few belongings) and even though ALL of my siblings agreed how things "should" go...there were several twists and turns along the way that created a HUGE mess, hurt feelings and fights. The amount of paperwork and legalese is mind-boggling and having an Attorney will help immensely.

I can't imagine what it would have been like for us without one.

I wish you the best... it isn't easy no matter how things turn out.
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Old 12-29-2009, 05:26 PM
 
Location: Kansas City North
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It's been my general experience that the smaller the amount of estate, the bigger the fights.......

And I guess I should clarify my earlier response that joint ownership with right of survivorship will automatically pass to the other joint owner, but it is possible to own something jointly where each person owns 50% and each is free to do with his/her half what they want. Just depends how the account/title/deed is worded.
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Old 12-30-2009, 08:03 AM
 
Location: OKLAHOMA
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As mentioned by others, speak to an attorney. Here is situation I experienced 10 years ago with my father in law. He passed away with "allegedly" no will.(According to his wife) Under oklahoma law at the time, his spouse(third wife) got 1/2 of the estate and his children(my wife and her sister) got the other 1/2 of the estate. In effect, my wife and her sister ended up owning a portion of the house that her father and his wife lived in as well as other portions of the estate. It created a very nasty situation as my wife and her sister were never on very good terms with her father's latest wife....

Many states have the surviving spouse gets all of the estate, but apparently not Oklahoma....

My comments have NO basis on my "expertise" with law, just my own experience as "REFEREE" in the above. Not pleasant at all to summarize.
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Old 12-30-2009, 12:23 PM
 
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Thanks Harley (and everyone else).

My situation is basically the same as yours was. I checked the links posted and it does look like I'd have rights to half the estate. My stepparent to my knowledge believes that everything will go to her and I would not have rights to anything until her death, at which I'd have to split it w/ her children from a previous relationship. I'm not on good terms w/ her (despite years of attempts on my part) and I hate this situation, it is even much more complicated than what I've said.
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Old 05-29-2010, 10:53 AM
 
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I am going through this now according to our attorney in OK, when a parent dies in intestate their royalties, land, property, monies etc. will be split equally to blood children and spouse in equal parts. So if there is 4 blood children to the deceased, and they have a spouse, the allottment will be split into 5 equal parts. Yes attorneys are almost mandatory is these affairs. It takes the hurt feelings away from anyone who may be aggressive or those that are more passive. This is the law so just be glad you dont have top do the arguing. It is called a "childs share". Do not know where it would land with step children, they may be S.O.L.
Hopes this helps !
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Old 05-30-2010, 09:21 PM
 
410 posts, read 1,045,857 times
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Thanks Cherubsfire. I have talked to an attorney and what you've said is correct. I dislike even thinking about this but I feel (and have been advised) that I need to know what I might be going up against sometime in the future.
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Old 06-06-2013, 11:17 PM
 
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Thanks for the help! I will be contacting a attorney tomorrow. I knew I had the right to something of my dads even though my step mom is alive and my dad has 4 living children . Split 5 ways right? Since I got nothing what do I have to lose? I have to try to make happen what he would have wanted without a will. I have rights as his blood daughter.
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