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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 117373
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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My father has no will.. He has a wife. He inherited a large

Customer Question

My father has no will.. He has a wife. He inherited a large sum of money from his parents during their marriage. He has two biological children from a previous marriage. He lives in Oklahoma. When he dies, will his children receive part of the money he inherited ? I don't think he has spent any of it. I don't know if it is payable to his wife upon death account or not ? Or does it matter. Will his biological children receive any of this money ? I don't know about Oklahoma intestate laws..
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Inheritance under OK law, unless it was given to your father and his spouse jointly, would be considered separate property. So in an intestate succession, the separate property would go to the descendants of your father in equal shares without a will. However, if it is in a payable on death account or a beneficiary account, then that person who is named on the account would get that money without it going through the probate process outside of the estate. So, if he has put her down as beneficiary or payable on death, then that money goes directly to her outside of the estate and none of the other heirs can make a claim to that money.
In an intestate succession all marital property goes 1/2 to the surviving spouse and the other 1/2 of the property goes to the descendants of your father (children/grandchildren, parents, siblings) in equal shares. Any separate property, such as the inheritance, is divided equally among the descendants and the surviving spouse does not take a share of that property.