Family Law
Last Will and Testament
Oklahoma
I was in a common law marriage to this man for aprox 8 years in oklahoma. He suddenly passes away unexpectedly. During our relationship we purchased some property put a travel trailer on it. Moved a bldg which we added on to for laundry room and storage. We built fences worked the land together. The vehicles / 3 and travel trailor were in both our names. Bank accounts were only in his name. Savings account etc. The land was only in his name. He had an old will I wasn't part of that reading don't know what went on. He had no living children . Had 2 grandchildren that was taken very well of with his life ins. What am I to get legally. WE live in oklahoma.
Common law marriage spouse suddenly dies. He had no living children or parents. One brother 2 sisters and 2 grandchildren. One being an adult now I think. What do I legally get to keep?
Answers from 1 Lawyer
Answer
Family Law
Oklahoma
Alan B.
ContractsCounsel verified
Once a common law marriage is recognized, your legal entitlements mirror those of any legally married spouse. However, you must assert and demonstrate your common law marriage by clear and convincing evidence. Based on the details provided, this evidence might include, but is not limited to, cohabitation, joint ownership of vehicles and travel trailers, a long-term and exclusive relationship, and presenting yourselves publicly as husband and wife. In summary, under Oklahoma law, a common law marriage affords you the same rights as a traditionally married spouse, provided that you can substantiate your claim with clear and convincing evidence. As to what you would be entitled to, should you find yourself excluded from the will (as it appears you were), it would be within your rights to petition for the reopening of the probate process to claim your spousal share. If there was property outside of the will that needs to distributed, that may also need to be submitted for probate. Keep in mind that entitlements and the process to claim them can vary significantly based on the specifics of each case. Determinations on how to proceed are always fact-specific, and an Oklahoma lawyer specializing in family and estate law can assist you in getting what you would be entitled to as a common law spouse.
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