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Can he disinherit me

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unhappylady

Junior Member
What is the name of your state? Oklahoma

I have tried discussing a will or trust with my husband over the past years and he would never talk about it but a few days ago he told me that if he made a legal will he was leaving our estate to his two grown children that are married. We have been married for 19 years.I have 4 children from a previous marriage. They will get zilch. I said what about me and he said that I would have money from our IRA' s but there is barely $80,000 dollars there and we plan on living on that starting in January 06. Oh I can live in the house until I die provided I don't remarry or have a live in man. Now I am not stupid because that little amount of money won't last long even with his social security. I am not old enough to draw that yet, I have 4 more years to go. I don't think he can do this can he?
And also can I have a will made out leaving my personal things and half of our money to my children without his permission.
Thanks for listening,
Unhappy Lady
 


seniorjudge

Senior Member
unhappylady said:
What is the name of your state? Oklahoma

I have tried discussing a will or trust with my husband over the past years and he would never talk about it but a few days ago he told me that if he made a legal will he was leaving our estate to his two grown children that are married. We have been married for 19 years.I have 4 children from a previous marriage. They will get zilch. I said what about me and he said that I would have money from our IRA' s but there is barely $80,000 dollars there and we plan on living on that starting in January 06. Oh I can live in the house until I die provided I don't remarry or have a live in man. Now I am not stupid because that little amount of money won't last long even with his social security. I am not old enough to draw that yet, I have 4 more years to go. I don't think he can do this can he?
And also can I have a will made out leaving my personal things and half of our money to my children?
Thanks for listening,
Unhappy Lady
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 - 2006, CCH Incorporated, a Wolters Kluwer business. All Rights Reserved.

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



If you want to take against the will, then the stuff will go as above.
 

BelizeBreeze

Senior Member
unhappylady said:
What is the name of your state? Oklahoma

I have tried discussing a will or trust with my husband over the past years and he would never talk about it but a few days ago he told me that if he made a legal will he was leaving our estate to his two grown children that are married. We have been married for 19 years.I have 4 children from a previous marriage. They will get zilch.
And why SHOULD they receive anything?
I said what about me and he said that I would have money from our IRA' s but there is barely $80,000 dollars there and we plan on living on that starting in January 06. Oh I can live in the house until I die provided I don't remarry or have a live in man.
So, from the sound of your post, this is his second marriage right?
Now I am not stupid because that little amount of money won't last long even with his social security. I am not old enough to draw that yet, I have 4 more years to go. I don't think he can do this can he?
Actually, based on the limited facts you gave, it seems that yes he can. Look up 'separate property'.
And also can I have a will made out leaving my personal things and half of our money to my children without his permission.
Thanks for listening,
Unhappy Lady
No. The keyword is "OUR".
 

justalayman

Senior Member
and neither of you two (SJ and BB) asked how the house is deeded?

Would that not be pertinent to this situation?
 

BelizeBreeze

Senior Member
justalayman said:
and neither of you two (SJ and BB) asked how the house is deeded?

Would that not be pertinent to this situation?
Yes and no. Read the exact phrasing of the questions and you can make a determination as to the specifics of the deed.

I'll bet $25,000 that the house was his before this second marriage.
 

justalayman

Senior Member
BelizeBreeze said:
Yes and no. Read the exact phrasing of the questions and you can make a determination as to the specifics of the deed.

I'll bet $25,000 that the house was his before this second marriage.
I though that might be the reason as to the both of you not asking that point. Just wanted to be sure.
 

divgradcurl

Senior Member
Not all property is necessarily separate property. Here's a link (to a divorce site, but still good info) that explains marital property in your state: http://www.divorcenet.com/states/oklahoma/marital_and_separate_property_in_oklahoma

If he does write a will, and doesn't leave you anything, you have a right to "elect" to take under statute instead of the will. Here is the relevant code section:

§84 44. Property which may be disposed of Election by surviving spouse Homestead.
A. Every estate in property may be disposed of by will; provided however, that a will shall be subservient to any antenuptial marriage contract in writing; but no spouse shall bequeath or devise away from the other so much of the estate of the testator that the other spouse would receive less in value than would be obtained through succession by law; provided, however, that of the property not acquired by joint industry during coverture the testator be not required to devise or bequeath more than one half (1/2) thereof in value to the surviving spouse; provided further, that no person shall by will dispose of property which could not be by the testator alienated, encumbered or conveyed while living, except that the homestead may be devised by one spouse to the other. This subsection shall not apply to the estate of a decedent who dies on or after July 1, 1985.
B. This subsection shall apply to the estate of a decedent who dies on or after July 1, 1985.
1. Every estate in property may be disposed of by will except that a will shall be subservient to any antenuptial marriage contract in writing. In addition, no spouse shall bequeath or devise away from the other so much of the estate of the testator that the other spouse would receive less in value than an undivided one half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture. No person shall by will dispose of property which could not be by the testator alienated, encumbered or conveyed while living, except that the homestead may be devised by one spouse to the other.
2. The spouse of a decedent has a right of election to take the one half (1/2) interest in the property as provided in paragraph 1 of this subsection in lieu of all devises, legacies and bequests for the benefit of the spouse contained in the last will and testament of the decedent.
3. If the surviving spouse desires to make the election provided in paragraph 2 of this subsection to take the property specified therein in lieu of all devises, legacies and bequests for the benefit of the surviving spouse contained in the last will and testament of a decedent, then the surviving spouse shall make such election affirmatively in writing, which writing shall be filed in the district court in which the estate of the decedent is being administered on or before the final date for hearing of the petition for final distribution of the estate. The court clerk shall immediately mail a copy of such election to the personal representative of the estate and to all attorneys of record of the estate. Such written election of the surviving spouse shall be in the form of a writing separate from all other pleadings and documents filed in the district court in which the estate is being administered. Failure of the surviving spouse to substantially comply with the provisions of this subsection shall render the attempted election by the surviving spouse void and of no force or effect; provided that such failure shall not prohibit the surviving spouse from making a subsequent election within the allotted time period, which substantially complies with this subsection.
4. The right of election of the surviving spouse provided for in paragraph 2 of this subsection is personal to the surviving spouse and may be exercised only during the lifetime of the surviving spouse. However, if there has been a guardian or conservator duly appointed by a court of competent jurisdiction, and such court has judicially determined the surviving spouse to be incompetent, then such guardian or conservator may make the election on behalf of the surviving spouse, but only if the same is approved by the court having jurisdiction over such guardian or conservator. Further, a certified copy of the document or documents evidencing the appointment of such guardian or conservator for the surviving spouse, and a certified copy of the order of the applicable court approving such guardian's or conservator's making such election on behalf of the surviving spouse, shall be attached to the election, which shall also be in substantial compliance with the provisions of paragraph 3 of this subsection, or such election shall be void and of no force or effect. The guardian or conservator may be appointed in any state, and may have been appointed at any time prior to the expiration of the time permitted for the election to be made as provided in paragraph 3 of this subsection.

Of course, if you write a will, and you die first, your husband would have the same rights to "elect."
 

BelizeBreeze

Senior Member
Except that since the poster has never bothered to return to answer the questions regarding the marriage and resulting property, no answer is correct.

She cannot 'elect' to take something she has no rights under law to take.
 

unhappylady

Junior Member
I beg your pardon and thanks for taking the time to answer my question. I have not been back on the pc since I posted.
To answer one question. yes this is his second marriage.
The house is in his name only, he has never had any intention of putting my name on the deed. I only found this out lately.
We have about, or that is he has about 20 acres of land, at least 30 mother cows, with calves, two poultry houses.
And as far as I know he has not made a will. If he has it is without my knowledge.
I don't think it is fair that I have lived with him and worked my butt off and he expects me to live on "whatever" and give his kids all the benefits that I have worked for and they don't even come and see him like they should.
Well anyway thanks for listening.
 

BelizeBreeze

Senior Member
unhappylady said:
I beg your pardon and thanks for taking the time to answer my question. I have not been back on the pc since I posted.
To answer one question. yes this is his second marriage.
The house is in his name only, he has never had any intention of putting my name on the deed. I only found this out lately.
Why should he? The home is his. Why should he "Give" you his children's inheritance?
We have about, or that is he has about 20 acres of land,
WE? when was the land purchased and in whose name is it?
at least 30 mother cows, with calves,
When were they purchased?
two poultry houses.
When were the chicks purchased and the houses built?
And as far as I know he has not made a will. If he has it is without my knowledge.
The question of a will or not at this stage is inmaterial.
I don't think it is fair that I have lived with him and worked my butt off and he expects me to live on "whatever" and give his kids all the benefits that I have worked for and they don't even come and see him like they should.
Well anyway thanks for listening.
this doesn't even require a comment.
And,. by the way, how long have you been married?
 

unhappylady

Junior Member
As I stated in my first comment. We have been married for 19years.
Yes he had everything when I married him except for the cows. We have acquired those.
Thanks for anwering all of my inmaterial stupid questions. You make it sound like I don't deserve anything even if he does make a will.
 

BelizeBreeze

Senior Member
unhappylady said:
As I stated in my first comment. We have been married for 19years.
Yes he had everything when I married him except for the cows. We have acquired those.
Thanks for anwering all of my inmaterial stupid questions. You make it sound like I don't deserve anything even if he does make a will.
Well, since you decided to start acting like a spoiled brat find someone else to answer your questions. I'm done.
 

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