Can I legally make the beneficiary of my late ex husbands wiil give our minor daughter money from the estate

UPDATED: Oct 1, 2022

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Can I legally make the beneficiary of my late ex husbands wiil give our minor daughter money from the estate

My ex husband
recently died
leaving a will with
the first page gone.
He and I have a
minor daughter.
Does the estate go
back to a previous
will he had leaving
his house to his
mother and can I
legally make her
give my daughter
money from the sale
of the house?

Asked on February 6, 2019 under Estate Planning, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you can't locate the first page of the will, that will is most likely void, because a court cannot determine all its terms: a document like a will cannot be enforced if you don't know what it calls for. So the prior intact will would most likely be the one enforced. If it is, then the home would go to his mother, and she does not to give anything she inherits to your daughter: once it is hers, it is hers to decide what to do with.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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