Oklahoma inheritance laws can be difficult to fully understand. There are several factors and variables to consider, and each inheritance case is unique in its own way. It’s crucial to hire an experienced attorney to successfully navigate through the complexity of the Oklahoma state court system. In addition to legal complexity, family dynamics and relationships can make the process more difficult.
Intestate Succession
Intestate succession in Oklahoma happens when someone dies without a will in place. Oklahoma intestate succession laws regulate the distribution of the estate’s assets. Several factors will be considered, such as if the deceased was married, had children, or other surviving family members. Asset distribution will vary depending on those surviving family members.
If the deceased has a surviving spouse but no children, for example, the spouse will likely inherit the entire estate. If the deceased has a surviving spouse and surviving children, the estate may be split between them based on intestate succession laws.
If there are no surviving spouses or children, other surviving family members, such as parents, siblings, aunts, and uncles, could inherit the assets. Engaging an estate planning lawyer is a good way to ensure intestate succession laws are accurately followed and the deceased’s and their family’s rights are protected.
Inheritance Rights of the Spouse
If the deceased has surviving children but those children do not belong to the surviving spouse (the spouse is not the parent), spousal inheritance rights mandate that the surviving spouse could receive one-third of the estate. Spousal inheritance rights in Oklahoma ensure the surviving spouse inherits their statutory share of the estate or what’s identified for them in the will. Spouses cannot be disinherited. They could also receive half of the property acquired during the marriage.
Inheritance Rights of the Children
It’s equally important to understand Oklahoma inheritance laws regarding children. Children are generally considered primary heirs. This gives them the right to a portion of the deceased’s estate, even if there was no will in place. In instances where there is a will in place but it excludes children, they have a right to challenge the will if they believe they’ve been unfairly excluded.
How an Estate Planning Lawyer Can Help
An estate planning lawyer is critical to understanding Oklahoma’s inheritance laws. One of the most important things a lawyer can help you do is create a valid will. This will outline how your estate will be distributed after your death and keep it outside of the intestate laws. Additionally, as a beneficiary, an estate planning lawyer can help you claim the portion of the deceased family member’s estate that’s rightfully yours.
FAQs
Q: What Is the Order of Inheritance in Oklahoma?
A: The order of inheritance in Oklahoma can change depending on whether or not there is a surviving spouse. If there is a surviving spouse, the entire estate will likely go to them. If there are surviving children, parents, or siblings, they may also be entitled to a portion of the estate. If there is no surviving spouse, the inheritance may pass directly to the surviving children, parents, or siblings. An experienced estate planning lawyer can help sort through this.
Q: What Happens If You Die Without a Will in Oklahoma?
A: If you die without a will in Oklahoma, your estate may be subject to distribution according to Oklahoma’s intestacy laws. These are also known as the intestate succession rules. Your estate will be distributed according to the probate process, and the property you leave behind will no longer be under your family’s control. This is why it’s so important to engage an estate planning attorney who can help you create a will to protect your estate.
Q: What Rights Do Beneficiaries Have in Oklahoma?
A: Beneficiaries in Oklahoma have several rights, including the right to receive notice. This means they have the right to be notified of the probate proceedings and can participate in them. Beneficiaries also have the right to contest or object to decisions made regarding the estate. They have the right to receive beneficial interests that they’re entitled to, such as money, stocks, bonds, and property. If you have questions regarding your rights as a beneficiary, it’s recommended to speak with an attorney.
Q: Can an Inheritance Be Contested in Oklahoma?
A: Yes, an inheritance can be contested in Oklahoma. Under Oklahoma statute section 58-29, any individual with a vested interest in an estate has the ability to appear and contest the will. This definition is broad, but it allows for an inheritance to be legally contested. People who contest wills are usually either the beneficiary, legal heir, or creditor. You may contest a will if it was ambiguous, fraudulent, or there was coercion or undue influence.
Q: What Does Intestate Mean in Oklahoma?
A: Intestate in Oklahoma means that a person died without a will in place. Dying without a will means any property left behind will be subject to the state’s intestate laws. In other words, it means the state will decide how the property is divided up among family members and the state. There are many factors to consider during this process, including the total value of the estate and the number of surviving family members.
Reach Out to the Experienced Team at Stange Law Firm
As an Oklahoma resident, it’s important you understand how inheritance laws work and what your rights are under those laws. Inheritance, estate planning, probate, and anything else related to estate law can quickly become complicated, which is why it’s critical to have an experienced legal professional on your side assisting you. You need a legal team that will work tirelessly on your behalf.
At Stange Law Firm, we are committed to serving the needs of our clients. We have helped many Oklahoma state residents with their legal claims. We want to be the legal resource you can trust for quality legal counsel. Since our founding in 2007, our purpose has been to provide people with responsive, diligent, and communicative legal representation. Contact us today to see how we can support you in your legal case.
