Q: Man drafts will in 2017 leaving everything in his estate to his daughters; biological, adopted & step. Marries in 2020.
No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?
A: I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the estate. Wills are of no effect until admitted to probate in a court of proper jurisdiction. The surviving spouse can elect to take against the will in which case she receives 1/2 interest in property acquired by joint industry during coverture. The surviving spouse also has a right to continue to occupy the homestead along with minor children. The surviving spouse is also entitled to certain personal property and other benefits. The will, deed covering the house, any antenuptial agreements and other relevant documents and facts need to be reviewed by an attorney. The current covid crises emphasizes the need for wills and estate plans to be reviewed anytime there is a significant change in a family situation.
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