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Deceased non-custodial parent, only 1 child, and not married...

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trixlette2

New member
What is the name of your state?Oklahoma

Hi:

I need some help finding out how to handle this situation. I have a 15 year old son, His father and I, are divorced but remained on friendly terms. This is my ex-husband's only child, and he never remarried.

He just recently died. Will my son be considered his only heir? If so what will I need to do to ensure he gets any proceeds from his estate. He died without a will. His other family members include a mother, uncle and one sister, and a couple of nephews, that were living in HIS household at the time of his death.

His estate is not much, but if it were to be put into a bank account until my son is of legal age, would be helpful to him. My ex had a car almost paid off, a current online business, with a business bank account. He also had 2 personal bank accounts. The last time I spoke to my ex, he told me he had like $7K in one bank account, $10K in a 2nd account and about $12k in the last bank account. Plus there is all his business computers and server that he runs (it's an online business), and must keep up daily to run the business, what happens to the business? Could I keep it up and running for my son, with the proceeds going into an account for my son? What happens to the business equipment. What about personal items, pictures, mementos etc...

Are there certain forms that need to be filed with the court, because my ex has other family members, who are probably taking his belongings as I write this... So, I am not sure how to proceed here, any help you could give me would be greatly appreciated. He lived in Bethany, OK, and died in Oklahoma City, OK.
 


LdiJ

Senior Member
What is the name of your state?Oklahoma

Hi:

I need some help finding out how to handle this situation. I have a 15 year old son, His father and I, are divorced but remained on friendly terms. This is my ex-husband's only child, and he never remarried.

He just recently died. Will my son be considered his only heir? If so what will I need to do to ensure he gets any proceeds from his estate. He died without a will. His other family members include a mother, uncle and one sister, and a couple of nephews, that were living in HIS household at the time of his death.

His estate is not much, but if it were to be put into a bank account until my son is of legal age, would be helpful to him. My ex had a car almost paid off, a current online business, with a business bank account. He also had 2 personal bank accounts. The last time I spoke to my ex, he told me he had like $7K in one bank account, $10K in a 2nd account and about $12k in the last bank account. Plus there is all his business computers and server that he runs (it's an online business), and must keep up daily to run the business, what happens to the business? Could I keep it up and running for my son, with the proceeds going into an account for my son? What happens to the business equipment. What about personal items, pictures, mementos etc...

Are there certain forms that need to be filed with the court, because my ex has other family members, who are probably taking his belongings as I write this... So, I am not sure how to proceed here, any help you could give me would be greatly appreciated. He lived in Bethany, OK, and died in Oklahoma City, OK.
You could file to open probate on the estate and ask to be named as the rep/adm/executor (however your state defines it) on behalf of your son, the sole heir. That would give you the authority to handle the estate.
 

Zigner

Senior Member, Non-Attorney

Zigner

Senior Member, Non-Attorney
You could file to open probate on the estate and ask to be named as the rep/adm/executor (however your state defines it) on behalf of your son, the sole heir. That would give you the authority to handle the estate.
The OP would simply apply to be administrator (not "on behalf" of her son).

ETA: I am going to correct myself: https://law.justia.com/codes/oklahoma/2014/title-58/section-58-125/

If any person entitled to administration is a minor, letters must be granted to his or her guardian, or any other person entitled to letters of administration, in the discretion of the court.

OP can, in fact, apply to be administrator on behalf of her son.
 
Last edited:
R

Richard Marvel

Guest
In Illinois your son would be the descendant entitled to the proceeds of his fathers etsate. You need to know if Oklahoma has a small estate procedure to assist with this. Also accounts are often held jointly so the assets may not be in his estate if they were held jointly with another person. You could reach out to your locan bar association for some resources to assist you. Good luck.
 

Ohiogal

Queen Bee
What is the name of your state?Oklahoma

Hi:

I need some help finding out how to handle this situation. I have a 15 year old son, His father and I, are divorced but remained on friendly terms. This is my ex-husband's only child, and he never remarried.

He just recently died. Will my son be considered his only heir? If so what will I need to do to ensure he gets any proceeds from his estate. He died without a will. His other family members include a mother, uncle and one sister, and a couple of nephews, that were living in HIS household at the time of his death.

His estate is not much, but if it were to be put into a bank account until my son is of legal age, would be helpful to him. My ex had a car almost paid off, a current online business, with a business bank account. He also had 2 personal bank accounts. The last time I spoke to my ex, he told me he had like $7K in one bank account, $10K in a 2nd account and about $12k in the last bank account. Plus there is all his business computers and server that he runs (it's an online business), and must keep up daily to run the business, what happens to the business? Could I keep it up and running for my son, with the proceeds going into an account for my son? What happens to the business equipment. What about personal items, pictures, mementos etc...

Are there certain forms that need to be filed with the court, because my ex has other family members, who are probably taking his belongings as I write this... So, I am not sure how to proceed here, any help you could give me would be greatly appreciated. He lived in Bethany, OK, and died in Oklahoma City, OK.
Have you gotten your son into counseling to deal with this? And the other family members are still relatives of your son.
 

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