father's lack of will....

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  #1  
Old 03-06-07, 10:42 PM
VVG
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father's lack of will....

My dad and Step mom have a lot of land. The Step mom really doesn't like me very much. They are both getting up in years and their health is not so great. I spoke to my Dad about a will and he said that in Oklahoma, half goes to the kids (me) and the other half goes to the wife in the event of his passing. Her son died a few years ago but she does have a sister, nieces and nephews that she is close with. Ever heard of such a thing?
 
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Old 03-07-07, 04:23 AM
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Pretty easy to fnd out; call the clerk's office at the county Probate Court and ask. Just a layman's opinion here, but I would hazard a guess that he's wrong. It's possible your SM could get everything. She will DEFINITELY get everything that is held in joint tenancy with right of survivorship (sorry if my terminology isn't 100% legally correct).

My $.02 worth.

Update: Did a quick search and found this:

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029

So he may be right, BUT remember if the spouse holds joint tenancy, I think she would still get full control.
 
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Old 03-07-07, 06:53 AM
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Your father should get a will and spell out what he wants to happen, even if it's the same thing as would happend without one, as it will be done much more quickly if there's a will.
 
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Old 03-08-07, 03:53 PM
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Absolutely, positively, beyond a doubt............They're right...........GET A WILL!!! There is no room for speculation with a properly executed will. DO NOT rely on the state's enterpretation.

Talk to an attorney in your area that works with estate planning and has a good reputation. It'll be worth the time.
 
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Old 03-08-07, 05:23 PM
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You can not force some-one to write a will.

You can not force some-one to write a will, and I do not know how you can tactfully tell dad you want him do to, lest step-mom rip you off.

HOWEVER, you can express concern about preserving assets.

If their health is poor they BOTH need living wills, durable powers of attorney for medical decisions, and should consider putting their assets in a trust for preservation of assets and [finally] inheritance.

Get a recommendation for an estate attorney, or a few, and STRONGLY suggest they consult one, emphasizing the health reasons.
 
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Old 03-08-07, 06:07 PM
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Oklahoma Intestate Succession Laws (died without a will)

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to varies as follows:

If there are surviving issue, one or more of whom are not also issue of the surviving spouse, the surviving spouse is entitled to an undivided one-half interest in the property acquired by the joint industry of the spouses during their marriage, plus an undivided equal part in the intestate estate not acquired jointly divided with each of decedent's living children and the lawful issue of any deceased child by right of representation.


and many more rules. see here:http://www.finance.cch.com/pops/c50s10d190_OK.asp

now, as another stated, anything that is held jointly with right of survivorship go in whole to the surviving partner. That is often how property is held. Many bank accounts are also held in this manner.

also understand that all debts of the estate must be paid before anybody besides the creditor gets anything.

life insurance is not controlled as part of the estate unless the beneficiary is the estate.

Payable on death accounts (POD)(another way to hold a bank account) go directly to the payee named and are not subject to the laws intestate succession.
 
  #7  
Old 03-10-07, 09:02 PM
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Smile will

Your dad does have a will. It is called Probate.

If your dad dies without one (intestate) in Michigan the SS gets the first $160,000 + some allowance that total around $50,000. After that the SS get 1/2 of what's left. You and your siblings would get the rest.

BTW in Michigan and I am going to guess is the case in most states, you cannot disinherit the SS other than situations involving fraud, duress or incapacity to name a few.

Also, with or without a will, a probate estate may have to be opened.

Check with an Estate Planning lawyer in your state.

Good luck!
 
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Old 03-11-07, 08:28 AM
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bmwgolfguy,

why post specifics about Michigan. The OP stated this is in Oklahoma.

BTW: probate is not a will in any stretch. Probate is the process of processing the decedents estate. Even decedents with a will will go through probate.
 
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Old 03-11-07, 05:06 PM
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probate will

Originally Posted by nap View Post
bmwgolfguy,

why post specifics about Michigan. The OP stated this is in Oklahoma.

BTW: probate is not a will in any stretch. Probate is the process of processing the decedents estate. Even decedents with a will will go through probate.
I quote Michigan law cause that's what i know.

dying intestate is dying with a will that the state draws for you. Its called the Probate Code.
 
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Old 03-11-07, 05:42 PM
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please don;t take this as nasty. it isn;t meant to be.

when you post MI law, you can tend to confuse those not aware that every state is different.

and from lectlaw:

WILL or TESTAMENT - The legal declaration of a man's intentions of what he wills to be performed after his death.

The terms will and testament are synonymous, and they are used indifferently by common lawyers, or one for the other.
=======================
Now if you are so familiar with Michigan laws you should realize that

#1 the chapter titled "probate code" chapters 701-713 have been repealed.
#2 the chapter title "probate" chapt 720 does not direct the law of intestate succession.

#3 (and the biggie) Chapter 700 titled "Estates and Protected Individuals Code" is the correct chapter to find the rules of intestate succession.
 
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Old 03-11-07, 08:28 PM
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epic

Otherwise commonly known as epic for those in the kno.
 
  #12  
Old 03-11-07, 08:53 PM
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Before you read this, understand I am not a moderator nor do I have any clout here. I am not trying to engage in an argument with you nor do I want you to feel I am trying to show myself superior to you. I simply try to help where I can and I believe you are a good addition to these forums and can help folks as well. The following is simply my opinion. With that said, my response to the prior post.

epic- yes (as you see it is an acronym)

probate code- no

knoW what I mean?

if you were among those "in the knoW" you would have realized your "probate code" answer was outdated and therefore no longer correct, regarding Mi statutes.

You seem to answer many inquiries here very well but you're refferal to Michigan is only going to confuse those asking. If you truly want to aid them, research the appropriate states statutes or give a more generic response.

It does no good to tell a person in California what would happen in Michigan and they often will ignore the Mi reference and attempt to apply the answer you give them to their situation. This not only is not helpful but could actually be damaging to them, especially since you seem to post to the law forum primarily.

We are all here by choice and without pay simply to try to help those we can with what we know. Impress the folks with your ability to research and translate the pertinent states laws. You seem to have a good head on your shoulders. Don;t wimp out by trying to compare their sitatuation to what would happen in Mi. It generally is irrelevent.
 
  #13  
Old 03-12-07, 05:39 PM
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Smile Thanks for the advise

NAP:

I think you see I usually end my posts with

"Find a good lawyer in your state" or words to that effect and

"Good Luck"

I think that about covers it.

No offense taken.

You will also notice I don't post on every question as those are areas of the law outside my expertise.

Thanks.
 
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