Can I alter my Will without my Husband's consent?

Q: Is my spouse entitled to my inheritance in Oklahoma?

In Oklahoma, a spouse is not automatically entitled to an inheritance received by the other spouse. Inheritances are usually considered separate property unless they are commingled with marital assets. However, if you pass away without a will, your spouse may have rights to your estate under intestacy laws.

Q: Does a spouse automatically inherit everything in Oklahoma?

No, a spouse does not automatically inherit everything in Oklahoma. If a person dies with a will, the estate is distributed according to the will's terms. If there is no will, Oklahoma's intestacy laws determine how the estate is divided, which may include the spouse but not necessarily everything.

Q: How do I fight for my inheritance?

To contest an inheritance in Oklahoma, you typically need to file a formal objection in probate court. Valid grounds for contesting a will include lack of capacity, undue influence, or improper execution. It's advisable to consult with an attorney experienced in probate law to navigate the process effectively.

Q: Can my husband write me out of his will?

Yes, in Oklahoma, a husband can write his spouse out of his will. However, if they are married at the time of his death, the spouse may still have rights to a portion of the estate under Oklahoma's elective share laws, unless otherwise specified in a valid will.

Full question:

I am married and live with my husband in Oklahoma. Two years back, I made a will with respect to my property, in which I had given one of my properties to my husband’s sister. Now I wish to alter the will as I want to give the said property to my son after my death. But my husband does not consent to this alteration. Can I alter the will without my husband’s consent?

Category: Wills and Estates
Subcategory: Spouses
Date: 04/07/2025
State: Oklahoma

Answer:

In Oklahoma, a married woman may dispose of all her separate property by will, or may alter or revoke the will without the consent of her husband. The relevant statutory provision in this regard is stated below.
84Okl. St. § 42 reads:
“A married woman may dispose of all her separate estate by will, without the consent of her husband, and may alter or revoke the will in like manner as if she were single. Her will must be executed and proved in like manner as other wills.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long after someone dies do you get inheritance?

In Oklahoma, the timeframe for receiving an inheritance can vary. Generally, the probate process takes several months, during which debts and taxes are settled. Heirs typically receive their inheritance after the court approves the distribution of the estate, which can take anywhere from a few months to over a year, depending on the complexity of the estate and any potential disputes.

Is my spouse entitled to my inheritance in Oklahoma?

Does a spouse automatically inherit everything in Oklahoma?

How do I fight for my inheritance?

Does marriage override a will in Oklahoma?

Marriage does not automatically override a will in Oklahoma. However, if a person marries after creating a will, the new spouse may have rights to a portion of the estate under Oklahoma's elective share laws, even if they are not mentioned in the will. It's important to review and update your will after significant life changes.