If I’m Married Without Children Who Gets What When Someone Dies in Oklahoma

Surviving Spouse

If you are married without children who gets one if you die depends if you have a will or not. In Oklahoma, the government has a default will for you if you die without one. This process of using the government’s will for you is called intestate succession. Your estate may go through probate court, and a judge will help your loved ones decide how your assets should be split. Depending on the number of surviving relatives and children you have, there are many scenarios concerning who will receive your assets. The government has a solution for each of these scenarios. This article will discuss what happens when you leave a surviving spouse but no children.

What Is Intestate Succession?

Intestate succession is the process that happens when someone passes away without a valid will. Sometimes you can have a will, but it may not apply to all assets, and therefore, part of your estate will go through the intestate succession process. This process is governed by the probate court, and each state has its own applicable statute to distribute the assets to the heirs of the deceased. Each state has specific definitions of who qualifies as an heir under the intestate succession statute.

How Much Will My Spouse Receive?

If you pass away without having children but are married, the court will look to see how many other relatives you also left behind. Each scenario is different and depends on the number of people in your family.

First, if you pass away and leave a surviving spouse and no parents or siblings, your spouse will inherit everything. This means any property you acquired together throughout your marriage and any property you had before entering the marriage.

Next, if you pass away while married and either of your parents is still alive, your parents will also inherit part of your estate. In this case, your spouse will inherit all property acquired during the marriage plus one-third of any remaining property. Your parents will inherit the remaining two-thirds of your property outside of your marriage.

Finally, if you have a surviving spouse and surviving siblings, your siblings will inherit. This scenario only happens if your parents are deceased. In this case, your spouse will inherit all the property acquired during the marriage, plus one-third of your remaining property. Your siblings will then inherit the remaining two-thirds of your property outside of your marriage. If you have more than one surviving sibling, they will divide the two-thirds as equally as possible.

What If I Die With a Will or Trust

One of the ways you can control who gets what if you die and you are Married Without Children in Oklahoma is to have a will or a trust. In your will you can designate exactly who gets what. This includes, if you like, excluding certain family members. The key to making a will in Oklahoma is that the will complies with all Oklahoma will and probate statutes.

Depending on the type of will you make, it has different requirements that must be followed. What ever type of will you elect to have or your loved one has you will still have to file a probate. The probate is filed so that the probate court can determine if the will complies with Oklahoma law. If the will does not its thrown out. If the will is thrown out by the court your property will pass by intestate distribution as set out above.

A trust is another means of estate planning. In many ways a trust acts like a Will by distributing your property to the people you choose. Like a Will, there are different kinds of Trusts. They range from a revocable trust which you can revoke anytime, on to irrevocable trusts. Other kinds of trusts are more specific. They can be used as a charitable trust or a trust that is intended for blended family’s. An important aspect of a Trust is that it avoids probate and might save your estate money.

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Estate Planning Attorneys Near You

An experienced team of probate attorneys can help you gather all the assets of your loved one’s estate and determine the best and easiest way to transfer the assets to the next generation. If you are not sure who is supposed to receive which property, we can help you sort it out. By evaluating the entire estate before opening probate and understanding the full family tree, the Tulsa Estate and Probate attorneys at Kania Law Office will assist you in determining the best ways to move these assets. Call (918) 743-2233 today to schedule your appointment or contact us online.

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