QUESTION

If your father died and had children from a previous marriage that were not listed in the obituary as surviving do we have any claim to his estate

Asked on Jun 12th, 2012 on Wills and Probate - Oklahoma
More details to this question:
My father passed away in April 2012. I was his oldest child from a previous marriage. My siblings and I were not listed as his surviving children in the obituary. Does his current wife automatically get all he had or does there have to be a will? Is there anyway I can find out if there was a will? My father had a large estate and his current wife does not like me and my siblings to the extreme of excluding us from the obituary but invited us to his funeral? We did have communication with my father over the past 2 years but due to an ugly divorce his current wife would not let us see our father and he would meet us without her knowledge. What is the best way to handle this situation?
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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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

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