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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Estate Law
Satisfied Customers: 2677
Experience:  Litigation Attorney with education focus on estate planning and tax
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How does the law divide the estates up in this case. oklahoma Grand parents died They ha

Customer Question

How does the law divide the estates up in this case. oklahoma
Grand parents died
They had three children, May Bob, Helen
They have died and left surviving children. I believe May Bob Helen each received a 1/3 interest.
How is that 1/3 interest divided between the remaing children of May Bob and Helen?
Bob had two children
May had one child and Helen had two children.
Phil Van Syckle ***@******.***
Submitted: 1 year ago.
Category: Estate Law
Expert:  Christopher B, Esq replied 1 year ago.
Thank you for your question. This is a question regarding intestacy because there was no will, correct?
Customer: replied 1 year ago.
no
Each of the three children received 1/3 of the estate from their parents. The children are Bob, May, Helen.
Each of the 3 children and their spouses have died
Each of the 3 children have families
Bob has 2 living children; May has one living child; Helen had two children and one is still living and the other has died leaving two children.How are the estates of Bob, May and Helen divided when new assets have came into them from their parents
There are 5 living children. Does the new money from the grand parents ( parents) get divided by 5 or does each family of children get a 1/3 interest then they divide it between them
Expert:  Christopher B, Esq replied 1 year ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. If the will has language that provides how the property will pass on the death of the children then it will control. Terms such as "per stirpes" or "per capita" would be used. "Per stirpes" means the descendants of any deceased child inherit the share that the child would have taken if the child had survived. This is known as a right of representation. "Per capita" means you simple count the number of heads. Each of them receives an equal amount. Oklahoma used "per stirpes" as the default so in this case each child's descendents would get the portion that their parent would have received. Bob, May and Helen would each get 1/3 passed to their children. Bob's children would each receive 1/6 (1/3 times 2), May's child would receive 1/3 since he/she has no other siblings and would receive May's full share, and Helen's living child would receive 1/6 and the other deceased sibling's two children would each receive 1/12 (1/6 times 2). Remember if the will provides something different, that would control and this is only the default method.Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)
Expert:  Christopher B, Esq replied 1 year ago.
I see you have reviewed my answer, please let me know if you have any further questions and of not please positively rate my answer as it is the only way I will compensated.
Expert:  Christopher B, Esq replied 1 year ago.
Do you need help with the rating system? We answer these questions with the expectation that our work will be compensated by the site. Without your positive rating that won't happen, so if you could take the extra step and help me out, as a fellow Sooner (I'm from Oklahoma) I would appreciate it. There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.

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