Intestate distribution for out of wedlock children can be different than it is for children born to a marriage. 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.
There are many scenarios about who will receive your assets depending on the number of surviving relatives and children you have. The government has a solution for each of these scenarios. In this Estate Planning article, we will talk about what happens when you leave a surviving spouse and children from a different marriage or relationship behind.
What Is Intestate Succession?
Intestate succession is the process that happens once someone passes away without a valid will. Sometimes you can have a will, but it may not apply to all assets; therefore, part of your estate will go through the intestate succession process.
This probate 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 Will My Children Receive My Assets?
How much inheritance your children will receive depends on three questions: are they also the children of your surviving spouse, or are they only children of the deceased, are they children of a blended family? If they are your joint children with your surviving spouse, they will split your estate equally with your surviving spouse. But if they are just your children, it gets a little bit more complicated in the eyes of the Court.
If your children are not the children of your surviving spouse, your children will receive half of all jointly acquired property, and your surviving spouse will receive the other half of the jointly acquired property. Everything else in your estate will be split equally between your surviving spouse and your children.
More Interesting Probate and Estate Planning Blog Posts
What Is Jointly Acquired Property?
Jointly acquired property is property that is obtained by the parties together throughout their marriage. This applies to real property, land, and personal property. In Oklahoma, anything you receive during a marriage is assumed to be jointly acquired property.
What If I’m Not Married?
Intestate Distribution For Out of Wedlock Children If you are not married when you pass away, but you still have children, they will divide your assets equally. If one of your children dies before you, their children or your grandchildren will step up into their spot and receive their deceased parent’s share. If your deceased child does not have children, their share will be divided equally among their siblings.
Oklahoma Probate Attorneys Are Ready To Help You
If you are working through the probate process of a loved one, we can help. Our attorneys can help you sort out how property should be classified and who is supposed to receive which parts of the property. When you work with different family members after one of your joint loved ones has passed away, emotions are high, and it can be stressful. We are ready to help you.
Our attorneys are experienced in helping you and your family through the probate process. The Tulsa attorneys at Kania Law Office are ready to help you streamline the process and ensure it goes smoothly. Call (918) 743-2233 today to schedule your appointment or contact us online.