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My husband has a grown daughter. What percentage of our estate

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is she entitled to? We...
My husband has a grown daughter. What percentage of our estate is she entitled to? We have been married 28 years and I have always worked.
Submitted: 6 years ago.Category: Legal
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7/1/2011
Lawyer: LawBeagle, Attorney replied 6 years ago
LawBeagle
LawBeagle, Attorney
Category: Legal
Satisfied Customers: 961
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Hello,

 

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.

 

Thank you - I hope my answer has been informative for you. If it has, please click the green Accept button so I can receive credit for my response. I am happy to answer follow up questions. Have a great day!

LawBeagle
LawBeagle, Attorney
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Customer reply replied 6 years ago
Lawyer: LawBeagle, Attorney replied 6 years ago

Hello,

 

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.

 

Thank you!

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Customer reply replied 6 years ago

My husband in also a veteran. It has been said that his exwife will have some benefits.

Lawyer: LawBeagle, Attorney replied 6 years ago

Hello,

 

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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