Breach of Verbal Agreement

[Boulderdash]

This is an Oklahoma issue. My wife's Father passed away this past Christmas. He did not leave a will. His then wife was half owner of all his property. They rest, she refused to give to his only 2 blood related offspring and his adopted daughter, all from previous marriages. He has also never paid child support on these three children, although they are now in their mid to late thirties.

My wife wrote his widow a letter recently expresing her dissappiontment in her comments and attitude toward his real children. My wife mentioned that all that the three children wished was to be allowed by have half of his extensive gun collection that they would auction off and divide amongst the three of them. The rest of the property, child support issue and everything else can be hers.

Last week, his widow's daughter called my wife and said that she would allow his three actual children have half of the gun collection. They proceeded to work out the details on the phone, going as far as detailing who would be there to do the dividing and what would be involved. Since we do not live in Oklahoma, my wife created a temporary power of attorney to give to her brother in Oklahoma to handle the process. We found out today that when they were supposed to meet yesterday, the widow changed her mind and is refusing to give anything to his three children.

Does anybody know if we have any legal recourse in this matter in terms of a breach of a verbal contract? We do not know what the value of the gun collection would have been as we do not know what is left of it. Any advice would be appreciated as we are deciding how to go on from here. I am afraid this is a stalling tactic in order for the widow to sell the rest of the collection in order to keep it away from his own children. Thank you.

 

[BelizeBreeze]

File probate. The wife has claim to ONLY 1/2 of the estate plus a child's share. She cannot keep the entire estate legally unless probate is never opened.

 

[Dandy Don]

Verbal agreements don't mean anything legally.

Check at the county courthouse to see if wifey or her attorney has filed to open up this estate for probate or not.

Her refusal to give the children anything is a serious mistake--children are entitled to a share of this estate but you or your attorney needs to find out or get her to account for what the actual assets consist of.

And, back due/unpaid child support is a valid debt, so you need to be discussing with your attorney whether you wish to file a claim for that if there are enough assets in the estate to do so.

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

Since there was no will, here's how things will be distributed:

Oklahoma Intestate Succession Laws

If any part of an Oklahoma decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

* In any case, the surviving spouse is entitled to complete ownership of a car owned by the decedent. If the decedent owned more than one car, the surviving spouse has first choice as to which one to pick.
* If there is no surviving issue (i.e., lineal descendant like a child), parent, or sibling of decedent, the surviving spouse is entitled to the entire intestate estate.
* If there is no surviving issue, but the decedent is survived by a parent or sibling, the surviving spouse is entitled to all the property acquired by the joint industry of the spouses during their marriage, plus an undivided one-third interest in the remaining intestate estate.
* If there are surviving issue, all of whom are also issue of the surviving spouse, the surviving spouse is entitled to an undivided one-half interest in all the intestate property (however acquired).
* If there are surviving issue, one or more of whom are not also issue of the surviving spouse, the surviving spouse is entitled to an undivided one-half interest in the property acquired by the joint industry of the spouses during their marriage, plus an undivided equal part in the intestate estate not acquired jointly divided with each of decedent's living children and the lawful issue of any deceased child by right of representation.

As referred to above and later on, taking by right of representation involves dividing the estate into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue that survived the decedent. Each surviving heir in the nearest degree receives one equal share. A deceased person in the same degree (e.g. a dead brother) also gets an equal share, except that it is split equally among the deceased's issue.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes as follows to the decedent's:

1. Surviving children and issue of any deceased child by right of representation.
2. Parent or parents equally.
3. Parents' issue by right of representation.
4. Grandparents or issue of grandparents. Half of the estate passes to the paternal grandparents if both survive, or to the surviving paternal grandparent or to the issue of the paternal grandparents if both are deceased. Such issue take equally if they are all of the same degree of kinship to the decedent and, if of unequal degree those of more remote degree take by representation. The other half passes to the maternal relatives in the same manner. If there is no surviving grandparent or issue of grandparent on either the paternal or maternal side, the entire estate passes to the relatives on the other side in the same manner as the half.
5. Next of kin in equal degree.

3. State of Oklahoma. If there is no taker under any of the above provisions, the intestate estate passes to the state of Oklahoma for the support of common schools.

Oklahoma Intestate Succession Law Fun Facts

* Posthumous children are considered as living at the time of their parents' death.
* Evildoers beware! Any person who is convicted of first or second degree murder or first degree manslaughter, or otherwise is an accessory to murdering the decedent cannot inherit any of decedent's property. Instead, such property descends the next available heirs in line.
* Oklahoma's intestate succession laws, as well as other related laws, can be found in Title 84 of the Oklahoma Statutes.

Copyright 2002 - 2005, CCH Tax and Accounting - A WoltersKluwer Company. All Rights Reserved.

http://www.finance.cch.com/pops/c50s10d190_OK.asp

 

[Boulderdash]

Lawyer Recommendations

Thanks everyone. This is really been informative. I have found out that the widow and her side of the family sat down one day and decided not to give anything to his own children, so we are seriously wanting to open a probate. My question now is for the people who responded from Oklahoma. Do you folks know off hand of any attorneys that handle probate cases on a percentage basis? In other words, will take the case without so much up money up front? we are all limited on funds, but can get together the money in time, just not all at once. Thanks again.

 

[Dandy Don]

Don't insult an attorney by asking him to take a case on a percentage basis, because if you don't recover much money they realize their fee will be small. This seems like an estate of only small or modest value.

You will simply have to interview with various attorneys until you find one sympathetic enough to your case to take it on, and get fee estimates from each one so you can comparison shop.

DANDY DON IN OKLAHOMA ([email protected])