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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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yes i have a question my father has recently past away i wasnt

Customer Question

yes i have a question my father has recently past away i wasnt adopted if that matters he had remarried and was married to her for 25 years as soon as he pasted away she is trying to sell everything he owed do children have any rights as far as this goes or does the wife have all the rights is thier a percentage children get im really at a lost they wont let us have anything that means something to us because thier more worried about making money i reside in oklahoma if you need that info as well
Submitted: 8 years ago.
Category: Family Law
Expert:  Dave Kennett replied 8 years ago.

Dear etherdgeja - This depends on whether there was a will and also how any real estate or bank accounts may have been titled. If someone dies without a will then the property is distributed according to the laws of intestate succession and the children and the spouse each get a portion of the assets.


I'm not sure what you mean by not being adopted or by whom. If this was not your natural father and you were not adopted by him then you would not have any right to inherit under the intestate succession laws but you could inherit through a will.


You need to determine if there was a will and also how any real estate was titled. I cannot provide a specific answer since I don't know the details of the estate of your father.


Dave Kennett

Customer: replied 8 years ago.
thier was 1 house still has 5 years left worth of payments bank accounts uncertain thats no important to me thier wasnt a will
Expert:  Dave Kennett replied 8 years ago.

The house will depend on how the deed is written, not the mortgage. If it was a joint deed with right to survivorship then the widow will get the property. As for the other assets, if there was no will, then those will pass to both the surviving spouse and the children according to the intestate succession laws. Someone will have to open an estate and apply to be the administrator.


I would highly recommend obtaining the services of a local attorney in order to protect your rights. We are unable to actually represent clients from this website as it is for general information purposes only.