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My Mom, who lives in Oklahoma, has a will she needs

reviewed. Is this a service...
My Mom, who lives in Oklahoma, has a will she needs reviewed. Is this a service that can be provided?
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Answered in 8 minutes by:
10/21/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,787
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

We cannot rewrite any wills or any legal documents for customers, that would be considered representation. We can review documents and explain them to customers and can answer customer questions about the documents, but cannot rewrite them.

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Customer reply replied 8 months ago
We just need the attached will and testament to be reviewed. The primary concern is whether or not the will would stand up in a court of law if she were to get married? Also, should there be several personal representatives and an executor?

Thank you for your reply.

If she marries, under Oklahoma law, surviving spouses cannot be disinherited. A spouse must receive a bequest in the will that is more than or equal to what she would receive through intestate succession. If a decedent did not bequeath an appropriate percentage of the estate to the surviving spouse, the spouse is entitled to seek an "elective share." This means they are entitled to 1/2 of all marital property acquired during the marriage and an equal share of any separate property with any children. So, she would need to consider placing her separate property she wants to protect into an irrevocable trust, over which her surviving spouse would not have any rights and also using a prenuptial agreement stating all property is separate and not marital property. So she needs to sit with her estate attorney again before marrying to craft her estate in a way to protect it.

Actually, there should be no more than 1 executor or representative. Having 2 people liable for the estate or more people leads to arguments sometimes that cause more monetary harm than good. She needs to name an executor and a successor executor for the estate.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,787
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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