Home Q&A Forum What am I entitled to in my common law marriage of 8 yrs when my husband suddenly dies in oklahoma

Common Law Marriage

Landlord Agreement

Oklahoma

Asked on Oct 7, 2023

What am I entitled to in my common law marriage of 8 yrs when my husband suddenly dies in oklahoma

We shopped together found Lil piece of property we purchased together but was put in his name. Worked and made improvements together. Moved a travel trailer and bldg on it which is in both our names. 3 vehicles in both our names but bank accounts savings account was only in his name. He has no living children or parents. He has one brother and two sisters. He had a will but was not updated to my knowledge. His life insurance. Policy went to two grand children we did discuss that. His sister sent me a letter says she is personal representation of his estate and is giving me 30 days to vacate the land I have worked hard to upkeep and improve and call home for 8 years. Vacate with all my possessions in 30 days. The letter states its an oklahoma lease termination letter. Her being the landlord. Letter states she placed it in my mailbox in a sealed envelope. Two sisters stole my husband's debit card from my vehicle while he lay dying in hospital. He was recently retired and had just received a ss check. I had foot surgery a year prior to this and was unable to work my regular job Terry was the provider. We have animals that was out of food our monthly bills were due and I was living at hospital with him by his side till his death. I couldn't even purchase a sandwich. It's been 10 months since he passed. I need to know what I'm invited to legally. Thanks

Answers from 1 Lawyer

Answer

Common Law Marriage

Oklahoma

Answered 980 days ago

Sarah S.

ContractsCounsel verified

Business Lawyer
Licensed in Oklahoma
Free Consultation
View Sarah S.
Member Since:
September 22, 2022

You are entitled to hire a local attorney. You would have to contest the will as a left-out spouse. The local attorney would have to make a case to the judge that you were common law married. It is a matter of question for a judge or jury, we cannot give you legal advice through these boxes and say what a judge or jury would rule. You can also hire an attorney to fight the eviction, as it sounds like you might be a tenant rather than a lessee.

Use of the ContractsCounsel Q&A Forum does not create an attorney-client relationship between User and any Lawyer User. The Forum is not a substitute for legal advice from a lawyer but is intended to be educational and to help the user determine if legal services are necessary. The Forum, Content, and communications on the Forum do not constitute legal advice.
Meet some lawyers on our platform

Dolan W.

1165 projects on CC
CC verified
View Profile

Heather B.

118 projects on CC
CC verified
View Profile

Lori B.

237 projects on CC
CC verified
View Profile

Benjamin W.

180 projects on CC
CC verified
View Profile

People Also Asked

Estate Planning

Living Trust

Oklahoma

Asked on Dec 31, 2021

Do you review trusts

I am needing a trust and a LLC reviewed. Do you do this type of document review?

T. Phillip B.

Answered Feb 5, 2022

There are attorneys on here would would review those documents. You may want to post this in the area where attorneys respond to your project post.

Read 1 attorney answer>

Real Estate

Quitclaim

Oklahoma

Asked on May 12, 2022

Can a quit claim be contested after 18 years for any reason?

X is trying filing to contest

View Elbert T.
4.8 (7)

Elbert T.

Answered Jun 3, 2022

Hello! I hope you are well! If X is contesting a defective or invalid deed, and the quitclaim deed has been recorded for at least five years, then the deed will be considered valid. Under Oklahoma law, an instrument (in your case, the quitclaim deed) that has not been acknowledged or which contains a defective acknowledgment shall be considered valid notwithstanding such omission or defect, and shall not be deemed to impair marketability, provided such instrument has been recorded for a period of not less than five (5) years. 16 O.S. §§ 27a & 39a. I would note that my response is limited based on the information that you have provided and that each individual situation may present its own unique issues. I hope this helps!

Read 1 attorney answer>

Landlord Tenant

Tenant Rental Agreement

Oklahoma

Asked on Oct 4, 2022

How To Get an Addendum to a Lease as a Tenant

I'm a tenant with a Case & Associates Property looking to get an addendum made to a lease agreement, specifically about a possible error with the lease term that was signed on. Is this something that can be done between a tenant and property manager? Do I need a tenant lawyer involved? Honestly any help with how to proceed on this is greatly appreciated. The error is that I had wanted to sign on for three months, but got put on for fourth months instead. I believe an addendum could correct this, but am not sure.

Sarah S.

Answered Oct 4, 2022

You're basically asking for free legal advice because you're not asking for a drafted document but I'll bite because no local lawyer will have a remedy for this anyway. The LL tenant laws for Oklahoma are found in Title 41 of the Oklahoma Statutes. They are very loose. Your proposal could be done, but the PM would have to agree to it. Typically when contracts are altered, there must be a new form of consideration in exchange for the alteration/addendum (unless you're being put on federal military orders which can break any lease.) If you're not going to offer them something of value (i.e. more money, guaranteed professional cleaning of the apt, etc.) they will not have a reason to sign it. If the language of the lease clearly stated 4 months and you signed it anyway, that is on you and you're out of luck. "I wanted to sign on for 3 months but got put on for 4 months instead." Who signed your name without your consent? Were you fraudulently coerced into signing for 1 more month....It sounds like you signed for 4 hoping you could get them down to 3 later...

Read 1 attorney answer>

Business

Employment Agreement

Oklahoma

Asked on Mar 3, 2023

Are 1099 employees responsible for there own break time and lunch time?

The job im at I am a 1099 employee but they tell us when to get here when our breaks are when our lunch is and when we leave. Doesn't that technically mean that we are W2 workers?

5.0 (1)

Jonathan K.

Answered Mar 7, 2023

First of all, there is no such thing as a 1099 employee. You are either an independent contractor or an employee. Second, yes, if you are being told when to take a break or have lunch, then you are probably an employee and not an independent contractor.

Read 1 attorney answer>

Family Law

Last Will and Testament

Oklahoma

Asked on Oct 7, 2023

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?

View Alan B.
5.0 (3)

Alan B.

Answered Mar 20, 2024

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.

Read 1 attorney answer>

Find lawyers and attorneys by city