What is a Last Will & Testament?

A will is a written instrument by which you provide for the disposition of your property after your death. In Oklahoma, if you are of sound mind and eighteen years of age or older, you may dispose of your property by will.

May I dispose of my property as I wish with a will or trust? Under Oklahoma law, a married person may not completely exclude the surviving spouse. Oklahoma law allows the spouse to take a certain portion of the estate despite the will. This is known as a spouse taking his or her ‘forced share’. If your will does not name a child or in some cases a grandchild, or indicate that the child or grandchild has been considered, then the child or grandchild may have certain rights to take a portion of your estate. Here at our office we will explain these restrictions to you and show you how to accomplish your desires.

What if I die without a Will or Trust?  Assuming your estate is not controlled by a prenuptial marriage contract, here are the general rules for how your estate will be distributed if you die without a will or a trust:

If you die leaving a surviving spouse and children, your spouse takes one-half (1/2) of your estate, and your children split the remaining one-half in equal shares. If you die leaving a surviving spouse and no children, spouse takes one-half of your estate, and your parents share the remaining one-half.

If you did single but have children, your children take your entire estate in equal shares. If you did single with no children, your parents take your entire estate. Oklahoma law provides for distribution of your estate in additional situations, all depending on the identity of your legal heirs. Special rules apply if you have children from a prior marriage and you have property acquired during your last marriage as well as separate property.

Searching amongst a list of Broken Arrow Probate Lawyers? You’ve come to the right place. We will earn your business and treat you fairly. Give us a call at: (918) 286-8001.


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