Are my deceased sister’s children entitled to a share of her estate?

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Are my deceased sister’s children entitled to a share of her estate?

My sister passed away recently leaving 3 biological children by her first marriage. She was remarried at the time of her death and her husband refuses to share any details regarding her estate. She owned a mobile home, vehicle, and I believe she had bank accounts in her name only before her second marriage. We found no Will at the courthouse and her husband has started selling her assets (vehicles). Is there anything that be done. 2 of the children are under the age of 18.

Asked on November 23, 2010 under Estate Planning, Oklahoma

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Sorry to hear about your sister.

If your sister left a Will, its provisions would be controlling and would determine inheritance.

If your sister died intestate (without a Will), the rules of intestate succession would determine inheritance. Under intestate succession, the entire estate would go to the surviving spouse.  If there had not been a surviving spouse, the three children would have each received 1/3 of the estate.


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