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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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