Q: My dad passed away in August this year. His wife of 4 yrs has filed to be admin since there no will he owned a business
A home and several vehicles on the list of assets several vehicles aren't listed and the value of inventory to business wasn't included my dad told me we were to split the interest in company 1/2 to us and other 1/2 to her but she is trying to keep it all where do we stand in being able to get what should be ours
Hearing is tomorrow afternoon we have to travel from Tulsa to okc to be there or fight it
A: First of all I am very sorry for your loss. In regards to your question, if there was no Will then the assets of your father would be passed pursuant to the laws of intestacy. In this case where there is a surviving spouse and children who are not the children of the surviving spouse, his wife is entitled to 1/2 of the property that was acquired by the joint industry of husband and wife during marriage, children would be entitled to the remaining 1/2 in equal shares. Any property which is the separate property of decedent or not acquired by joint industry would be split between the spouse and children in equal shares. It is irrelevant what your father may have verbally communicated to you, as he failed to memorialize it in a Last Will and Testament, however, as I said, distribution of the assets is statutorily mandated and she cannot simply keep all of the property to herself.
You should consider finding counsel to enter an appearance on your behalf. If you are not able to find counsel prior to tomorrow's hearing you should show up at the hearing and request that the court grant you leave to obtain counsel and let the court know that you object to her appointment.
James Tack Jr agrees with this answer
A: Sorry for your loss. There is not enough information to determine where you stand. It is unclear the nature of the hearing. If you wish to contest the hearing or want to know where you stand, you should contact a probate attorney as soon as possible. When you receive a notice of a hearing and wish to protect your interests, you should contact an attorney quickly as possible so they will have the time to review the facts and give you appropriate advice.
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