What happens if my father died without a Trust/Will?

UPDATED: Aug 22, 2012

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What happens if my father died without a Trust/Will?

We are his oldest children from a previous marriage.What is the process of probate? We called his current wife, a stepmother that we never talked to until a few months before his death 6 months ago and she denied there was a Will or Trust? She would not give us his attorney’s name. I am his oldest living daughter and if she is not cooperative what other options do we have? This is a question about property/mineral rights that appear to only be in my father’s name.

Asked on August 22, 2012 under Estate Planning, Oklahoma


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation as it stands.  If a person dies with out a Will then their estate passes via the intestacy statute.  Remember though that it is only the separate estate that passes.  If your father and his wife held assets jointly then those assets passed to her automatically upon his death.  Seek legal help here. Good luck.

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