Oklahoma Intestacy Laws These are selections from the Oklahoma intestate succession statutes. (Title 84: Wills and Succession)
- 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.
84 222. Kindred of the half blood. Kindred of the half blood inherit equally with those of the whole blood in the same degree, unless the inheritance come to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestors must be excluded from such inheritance.
In reading this law statue, particular attention to the words Lineral descendants, and Not of the blood of such descenent, am I correct in the following scenerio.
Great Aunt died 1993, , her husband died in 1918, their only child died,2003, with no spouse, no childen. Child died inheriting mineral rights from her Mom, who inherited from her mom.
According to the law then, those minerals would then belong to her Moms side of the family, as they were the original ancestors who owned the land and minerals under.