Q: My father passed away while being separated for over 4 yrs living in separate states. She kicked him out.
He did not have a will. He inherited money right before his death. Is she entitled to any of the money. They haven't spoken in months We live in Oklahoma
A:
Sorry to hear of your loss. It sounds as though your father had children apart from the union with his estranged wife. Unless they were divorced, it appears that the estranged spouse will inherit a portion. This statute probably applies if he did not have a Will:
d. if there are surviving issue (children), 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
(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;
If this applies, each of your father's children and his wife would be entitled to a share of the property he inherited.
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