Oklahoma Agreement to Partition Real Property among Surviving Spouse and Children of Decedent

State:
Multi-State
Control #:
US-1191BG
Format:
Word; 
Rich Text
Instant download

Description

Partition is the division between two or more persons of real or personal property held by them in common ownership. The division can take place between joint tenants or tenants in common.
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  • Preview Agreement to Partition Real Property among   Surviving Spouse and Children of Decedent
  • Preview Agreement to Partition Real Property among   Surviving Spouse and Children of Decedent
  • Preview Agreement to Partition Real Property among   Surviving Spouse and Children of Decedent

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FAQ

Oklahoma court judges generally have two options when hearing a partition lawsuit; the court must physically divide the property and give each co-owner a piece of the property in proportion to their ownership interest, or, if physical division is impossible, the court must order a sale of the property and divide the ...

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

Under Oklahoma law, your spouse will receive the greater of the property left under the will or half the property acquired during the marriage. You can specify that your children inherit nothing. In your will, you must clearly specify that you are leaving nothing to a particular child or children.

The short answer is no! In Oklahoma, if you are married when you die, your surviving spouse can either (1) take what you leave to her or him under your Will or a Trust, or (2) ?elect against the Will? (which includes a trust).

If all inheritors do not agree then the property cannot be sold. Chill! If majority of the inheritors are willing to sell the property they need to go through a probate court. The inheritors can file a 'partition action' lawsuit in the probate court.

The simplest way to determine who the heirs to the estate are without a will is by identifying the closest living relatives of the deceased. The way your attorney will be able to determine who the heirs are is by going to Title 84, Section 213 of the Oklahoma Statutes.

Oklahoma probate law provides surviving spouses with the right to continue to occupy their primary residence and also provides for an allowance to support the spouse and the couple's children regardless of the terms of the decedent's will.

Oklahoma probate law provides surviving spouses with the right to continue to occupy their primary residence and also provides for an allowance to support the spouse and the couple's children regardless of the terms of the decedent's will.

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Oklahoma Agreement to Partition Real Property among Surviving Spouse and Children of Decedent