Full question:
My husband’s will give away all our joint property to his son. His son lives with me but it’s unfair of my husband to give away the property acquired by both of us to his son. Can I claim my share in the property that was bought by both my husband and me?
- Category: Wills and Estates
- Date:
- State: Oklahoma
Answer:
Yes, you can claim your share of the property that you and your husband acquired together. You have the option to reject the bequest in his will and instead choose to elect a one-half share of the jointly acquired property. Additionally, you may claim an undivided equal part of any property owned by your husband that was not acquired through joint efforts.
If your husband has no surviving children, parents, siblings, or other close relatives, you could potentially claim his entire estate. If there are no surviving children but there are parents or siblings, you would be entitled to all jointly acquired property and one-third of the remaining estate.
The relevant law states that if a person dies without a will, the estate is distributed as follows: if there is a surviving spouse, they receive a share based on the surviving relatives. For instance, if there are no surviving children or parents, the spouse may inherit the entire estate (84 Okl. St. § 213).
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.