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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40008
Experience:  Texas lawyer for 30 years in Estate law
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My husband and I lived in Tx 2nd marriage he had 4 children

Customer Question

My husband and I lived in Tx 2nd marriage he had 4 children we probated in Texas the house cars and such but he had inherited land from his mother while we were married and this land is in OK. I know it has to be probated in Ok but how will it be divided up. I have heard I get nothing all the way to I get half so I am confused. What does the law say?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. I am Ray and will be the expert helping you tonight.

Here you are correct that Ancillary probate is necessary.This passes under the laws of intestacy if there was no will.

Here is how it will be split.

  • spouse and at least one descendant from you and someone other than that spouse
  • spouse inherits 1/2 of all property acquired by joint effort during your marriage and splits the remaining intestate property equally with your descendants
  • descendants inherit everything else



So here you get 3/4 and the children split the other 1/4 share.You get the bulk under Oklahoma law.

Reference..

http://www.nolo.com/legal-encyclopedia/intestate-succession-oklahoma.html

I appreciate the chance to help you tonight.Please let me know if you have more follow up.

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