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The only time that your husband's daughter would be entitled to a portion of your estate is if your husband died without a will, which triggers what is called intestate succession. If your husband has a will leaving everything to you, she is entitled to nothing. This is the portion of the Oklahoma statute pertaining to intestate succession when there is a surviving spouse and surviving "issue", a.k.a. child that is not the issue of the surviving spouse (i.e. a step-child):
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:
(1) an undivided one half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture, and - SO THIS MEANS YOU GET HALF OF WHATEVER YOU EARNED TOGETHER
(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; THIS MEANS THAT IF YOUR HUSBAND HAS SEPERATE PROPERTY, THEN IT IS SPLIT EQUALLY BETWEEN THE SPOUSE, ANY LIVING CHILDREN OF YOUR HUSBAND, OR ANY GRANDCHILDREN OF YOUR HUSBAND.
Your separate property is not subject to intestate succession and remains yours.
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No, life insurance would not generally be included. Probate estate does not include any item for which there is a designated beneficiary (unless the beneficiary is the estate of the decedent) such as life insurance, annuities and retirement benefits. It also does not include assets passing through joint tenancy, assets held in trusts, or life estates.
My husband in also a veteran. It has been said that his exwife will have some benefits.
Yes, it is possible that his ex would receive something from Survivor's Benefits - but like life insurance this would not pass through probate. Thanks!
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