Tulsa, OK asked in Estate Planning for Oklahoma

Q: Can a child I've disowned still somehow get my assets if I don't write my will in the correct way?

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2 Lawyer Answers
Reece B. Morrel Jr
Reece B. Morrel Jr
Answered
  • Estate Planning Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: It depends on how you have "disowned" them.

If you do not have any estate planning documents such as a will or trust, then a Probate Court will follow the Oklahoma statutes as to how you property is distributed to your heirs - which can include your children.

YOU are able to override these "default" settings with properly prepared estate planning documents (will, trust, etc.).

In order to specifically address your questions and concerns, you should contact a lawyer for more information.

Richard Winblad
PREMIUM
Richard Winblad
Answered
  • Estate Planning Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: Care must be taken to identify then disinherit the individual. You can't just leave them out of a Will. That is called a pretermitted heir who would have a basis to challenge. There are ways to insure that assets pass without court involvement.

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