A married male resident of Oklahoma dies in 1996. He inherited minerals in Oklahoma from his father’s estate in 1984. His only wife died in Okla in 2011. She had one child from a prior marriage. Other potential heirs to the deceased male are his mother, sister and brother. How would his estate be divided per OK intestate succession. He never knew about the minerals. The family found out several years later. Input most appreciated. I’ve read the statute but not entirely clear on this scenario. Thanks.
I just dealt with a case that may be exactly like this, did he inherit them prior to his marriage? I take it there was no will. My case did not have a valid will and they inherited prior to the marriage in that case the wife would have inherited 1/2 which would then pass to her child even though he wasn't related to his mothers husband. The other 1/2 would go to the husbands heirs. Some where in my files I have the statute but couldn't find it in a rush.
Wonderful. He did die without a will and inherited interest long before he married. His lineal heirs are his mother, and 2 siblings. I am so frustrated at not being able to remember DOI. Would mom get 1/2 and siblings each get 1/4? My resource material with these answers are out of my reach in the attic. When I get them down they are not going back up. Thanks for your help.
It had been a couple years and my memory failed as it was a 1/3rd interest not 1/2 the surviving spouse inherited. I also found I deleted everything except the following I found in an email I sent on the subject.
. Beginning July 1, 1985, if any person having title to any estate not otherwise limited by any antenuptial marriage contract dies without disposing of the estate by will, such estate descends and shall be distributed in the following manner:
1. If the decedent leaves a surviving spouse, the share of the estate passing to said spouse is:
a. if there is no surviving issue, parent, brother or sister, the entire estate, or
b. if there is no surviving issue but the decedent is survived by a parent or parents, brother or sister:
(1) all the property acquired by the joint industry of the husband and wife during coverture, and
(2) an undivided one-third (1/3) interest in the remaining estate, or
c. if there are surviving issue, all of whom are also issue of the surviving spouse: an undivided one-half (1/2) interest in all the property of the estate whether acquired by the joint industry of the husband and wife during coverture or otherwise, or
d. if there are surviving issue, one or more of whom are not also issue of the surviving spouse:
(1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and wife during coverture, and
(2) an undivided equal part in the property of the decedent not acquired by the joint industry of the husband and wife during coverture with each of the living children of the decedent and the lawful issue of any deceased child by right of representation;
2. The share of the estate not passing to the surviving spouse or if there is no surviving spouse, the estate is to be distributed as follows:
a. in undivided equal shares to the surviving children of the decedent and issue of any deceased child of the decedent by right of representation, or
b. if there is no surviving issue, to the surviving parent or parents of the decedent in undivided equal shares, or
c. if there is no surviving issue nor parent, in undivided equal shares to the issue of parents by right of representation, or
d. if there is no surviving issue, parent, nor issue of parents, but the decedent is survived by one or more grandparents or issue of any grandparent, half of the estate passes equally to the paternal grandparents if both survive, or to the surviving paternal grandparent, or to the issue of any paternal grandparent if both paternal grandparents are deceased, the issue taking equally if they are all of the same degree of kinship to the decedent, but if of unequal degree those of more remote degree take by representation and the other half passes to the maternal relatives in the same manner; but if the decedent is survived by one or more grandparents or issue of grandparents on only one side of the family, paternal or maternal, the entire estate shall pass to such survivors in the manner set forth in this subsection, or
e. if there is no surviving issue, parent, issue of parents, grandparent, nor issue of a grandparent, the estate passes to the next of kin in equal degree;
3. If the decedent leaves no spouse, issue, parent, issue of parents, grandparent, issue of a grandparent, nor kindred, then the estate shall escheat to the state for the support of the common schools; and
4. For the purpose of this section, the phrase "by right of representation" means the estate is to be divided into as many equal shares as there are surviving heirs in the nearest degree of kinship and deceased persons in the same degree who left issue who survive the decedent, each surviving heir in the nearest degree receiving one equal share and the equal share of each deceased person in the same degree being divided among his issue in the same manner. The word "issue" means lineal descendants.
Thank you, Mineral Joe. You are a doll! My memory is failing me at the young age of 55 and you are my knight in shining armour along with the rest of the brilliant people sharing their knowledge on this wonderful forum. When I first joined this site I managed to strike a nerve I think as a “bad landman” with many. That’s fine. I will carry on but landmen that I know do not deserve the bad rap they get on here. Your information was extensive and most appreciated. I am in Tulsa if I can ever do anything on this end for you. Stay well, my friend. Steph
Thank you, Mineral Joe. You are a doll! My memory is failing me at the young age of 55 and you are my knight in shining armour along with the rest of the brilliant people sharing their knowledge on this wonderful forum. When I first joined this site I managed to strike a nerve I think as a “bad landman” with many. That’s fine. I will carry on but landmen that I know do not deserve the bad rap they get on here. Your information was extensive and most appreciated. I am in Tulsa if I can ever do anything on this end for you. Stay well, my friend. Steph