Recent Answers to Last Will and Testament Law Questions

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.

Philip M.

Answered May 12, 2023

You can certainly go ahead and fill out simple forms to complete some easy estate planning documents like wills, but for more complicated documents like a trust (which is required if you want to avoid probate) it can get a little trickier. Further, anyone can fill in the blanks, but an experienced attorney will be able to explain what the document does and how it meets your wishes best. Hope this helps.

Diane D.

Answered May 10, 2023

yes.

Diane D.

Answered May 2, 2023

A will allows you to select the persons who you want to receive what you own when you die. Without a will, the court may step in and distribute your assets according to your state's law. With a will, you control what happens with your property, and you can leave specific property to specific persons, and you can appoint specific persons to manage and handle distributing your property. Having a Will can save your heirs significant expense during probate and prevent feuding among them.

Talin H.

Answered Apr 21, 2023

You basically just answered your question. You should review and update your will whenever a major life event happens that might influence how your assets are distributed in the will. The rule of thumb is the addition or subtraction of a family member, or addition, or subtraction of a major asset like a home purchase.

Matthew S.

Answered Apr 11, 2023

If you die without a will your assets will be distributed to your heirs pursuant to the intestacy statute for your state. However, if you use a will, you can control who gets your assets and can give assets to non-blood related persons who wouldn't otherwise be an heir.