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No will in Oklahoma

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klang48

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

My father has died without a will. All property (land and house) is in his name only from before he married my step mother. I am his only child from his first marriage. Does my step mother get everything? I have heard I should get half and maybe all his property and cars. I have asked two attorneys in Oklahoma and get two different answers. What are my rights (I live in another state).
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? Oklahoma

My father has died without a will. All property (land and house) is in his name only from before he married my step mother. I am his only child from his first marriage. Does my step mother get everything? I have heard I should get half and maybe all his property and cars. I have asked two attorneys in Oklahoma and get two different answers. What are my rights (I live in another state).
My interpretation is that you split the estate evenly.

This is edited to only include the relevant parts:
§84 213. Descent and distribution.

B. Beginning July 1, 1985, if any person having title to any estate not otherwise limited by any antenuptial marriage contract dies without disposing of the estate by will, such estate descends and shall be distributed in the following manner:

1. If the decedent leaves a surviving spouse, the share of the estate passing to said spouse is:

d. if there are surviving issue, one or more of whom are not also issue of the surviving spouse:

(2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during coverture with each of the living children of the decedent and the lawful issue of any deceased child by right of representation;

2. The share of the estate not passing to the surviving spouse or if there is no surviving spouse, the estate is to be distributed as follows:
a. in undivided equal shares to the surviving children of the decedent and issue of any deceased child of the decedent by right of representation, or

4. For the purpose of this section, the phrase "by right of representation" means the estate is to be divided 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 who survive the decedent, each surviving heir in the nearest degree receiving one equal share and the equal share of each deceased person in the same degree being divided among his issue in the same manner. The word "issue" means lineal descendants.
 

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