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anti-lapse clause (OK) Help!

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littlepods

Junior Member
What is the name of your state (only U.S. law)? Oklahoma
does oklahoma have an anti-lapse clause for heirs of a deceased child named in will.
Any rights?
 


SIN EATER

Member
I believe you're asking whether the children would 'stand in the shoes of their deceased parent' in getting an inheritance ??? ... or whether they're out of luck in inheriting if their parent predeceased the testator ?

It will depend on the individual will & how it was written.

How is it stated in the will ?

If Probate was opened, the will is on file with the court.
Go down and get a copy.
 

littlepods

Junior Member
Yes thanks

I don't know how its stated but I know thats what he verbally said but that don't matter.
Thanks again
 

SIN EATER

Member
You are very welcome.

Check the will:

Many lawyers use the terms 'per stirpes' (meaning per family branch) and 'right of representation' to mean that a child 'stands in the shoes of his/her parent'. [If you are the grandchild with a deceased parent, you want to see either of those terms; it means you would inherit]

The other method of distribution, is 'per capita', meaning that the children of the deceased person split the estate among the still-living children [the grandchildren from the deceased parent receive nothing].
 

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