I am sorry for the painful situation you are experiencing. However, an obituary has no legal standing in the probate court. Oklahoma laws govern who can inherit and how the inheritances are distributed. Whether or not your father had a Will, the Oklahoma laws of inheritance are there to protect his rightful heirs - whether through marriage, blood lines or adoption, or other legal designation by him.Unless your father had all of his property titled in certain ways or in a Trust, you and your siblings will be considered during the probate process. If his current widow does not file for probate in the county where your father was living and owned property when he died, you can file.
Because this is complicated, you need help. If your father's estate was set up in Trust or otherwise than a Will, or if there was no Will, it would be wise to hire an experienced Oklahoma probate lawyer. For the most experience, hire one who only practices in the areas of estates and probates. Your lawyer can help you try to see that the entire estate is not drained of content before distributions are made.While protecting your inheritance you might also consider taking the high road, if possible, with the second wife. Disagreements over inheritances almost always drag out the settlement, and they often cause more long term ruin to families than ugly divorces ever did.To Your Success,Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 19th, 2012 at 10:30 AM