Death during divorce proceedings.

[DawnPlusTwo]

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

My sister passed last week after a horse riding accident, after being in the hospital for a few weeks. She and her husband were in the midst of a divorce, papers filed in March, and had a final court date coming up at the end of this month. Together they have 2 children 20 and 22 years old.

Basically, we would like to know what will happen with my sisters things, her home, her vehicles, her animals. I can't find anything on Google that is Oklahoma specific about what happens when a party tp the divorce passes. We've put calls in to my sisters divorce atty, but no call back yet. If it matters, my sister, per their agreement was to keep and refinance the home, and pay him half the equity, and they each keep and pay for their own vehicles, animals, etc..

 

[mistoffolees]

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

My sister passed last week after a horse riding accident, after being in the hospital for a few weeks. She and her husband were in the midst of a divorce, papers filed in March, and had a final court date coming up at the end of this month. Together they have 2 children 20 and 22 years old.

Basically, we would like to know what will happen with my sisters things, her home, her vehicles, her animals. I can't find anything on Google that is Oklahoma specific about what happens when a party tp the divorce passes. We've put calls in to my sisters divorce atty, but no call back yet. If it matters, my sister, per their agreement was to keep and refinance the home, and pay him half the equity, and they each keep and pay for their own vehicles, animals, etc..

Until the moment that a judge signs the divorce papers, they are still married.

Real property would be handled according to how the title is registered. Other property would be handled according to her will or, if there's no will, intestate succession. The rules in OK are:
MyStateWill.com | Oklahoma Intestate Laws

Since there are kids, husband would get 1/2 of the value of the estate and the kids would get the rest.

 

[Ohiogal]

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

My sister passed last week after a horse riding accident, after being in the hospital for a few weeks. She and her husband were in the midst of a divorce, papers filed in March, and had a final court date coming up at the end of this month. Together they have 2 children 20 and 22 years old.

Basically, we would like to know what will happen with my sisters things, her home, her vehicles, her animals. I can't find anything on Google that is Oklahoma specific about what happens when a party tp the divorce passes. We've put calls in to my sisters divorce atty, but no call back yet. If it matters, my sister, per their agreement was to keep and refinance the home, and pay him half the equity, and they each keep and pay for their own vehicles, animals, etc..

A lot depends on whether there was a signed separation agreement. The estate will have to go through probate regardless of whether or not there was a will. Truthfully if he owns the house (title and such) he will most likely end up with the house and such that is in his name.

 

[Ohiogal]

Until the moment that a judge signs the divorce papers, they are still married.

Real property would be handled according to how the title is registered. Other property would be handled according to her will or, if there's no will, intestate succession. The rules in OK are:
MyStateWill.com | Oklahoma Intestate Laws

Since there are kids, husband would get 1/2 of the value of the estate and the kids would get the rest.

Not necessarily. Was there a signed separation agreement by the parties that stated that neither shall take against the estate of the other? That acts as a contract.

 

[Silverplum]

I'm sorry for the loss of your sister, DawnPlusTwo.