Oklahoma Agreement Between Widow and Heirs as to Division of Estate

Category:
State:
Multi-State
Control #:
US-01110BG
Format:
Word; 
Rich Text
Instant download

Description

Agreements among family members for the settlement of an intestate's estate will be upheld in the absence of fraud and when the rights of creditors are met. Intestate means that the decedent died without a valid will. The termination of any family controversy or the release of a reasonable, bona fide claim in an intestate estate have been held to be sufficient consideration for a family settlement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Selling a House with Multiple Inheritors in Oklahoma: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of Oklahoma.

That statute is often called ?The Slayer Statute? 84 OS 231. A recent revision further prevents transfer of benefits to someone convicted of elder abuse. The original scope of this statute essentially meant that a person who was convicted of murdering someone could not inherit from the victim.

If the decedent leave no issue, the estate goes one-half (1/2) to the surviving husband or wife, and the remaining one-half (1/2) to the decedent's father or mother, or, if he leave both father and mother, to them in equal shares; but if there be no father or mother, then said remaining one-half (1/2) goes, in equal ...

Probate laws outline an order of succession based upon the relationship of the heir to the decedent. Generally, the order is: spouse, children, parents, siblings, and children of siblings. If there are no living heirs in one category, the property goes to the next category.

If you have no children, your spouse gets all the property acquired during the marriage and one- third of your separate property; the other two-thirds go to your parents or, if they are dead, to your brother and sisters. The law gives you many choices if you make a will, but none at all if you do not.

Your surviving spouse inherits all property acquired by joint effort during your marriage, plus 1/3 of the balance.

If you have no will, the laws of intestate succession apply. ing to the laws of intestate succession in Oklahoma, one half of all property goes to the spouse and the other half goes to your children.

The Order of Inheritance Spouse; Children or if they are deceased, their issue; Parents; Brothers and sisters of the 'whole blood' (that is full siblings who share both a mother and a father) or, if deceased, their children (such children will divide their deceased parent's share between them);

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Oklahoma Agreement Between Widow and Heirs as to Division of Estate