Question: I am married but separated, even though it’s not a legal court separation. I guess we’re more like, estranged. Love him but can’t live with him, you know. My husband just inherited $750,000 from his aunt. He doesn’t have a Will, so when he dies would I inherit any or all of this?
As long as you are married and had no prenuptial contract saying otherwise, you will inherit. The amount of your inheritance depends on what his other family relationships are.
Even if he has a Will, if you are married, he cannot disinherit you in Oklahoma. The only way a wife inherits her husband’s entire estate is if he has no parents, his parents had no other descendants and he has no descendants.
You should also keep in mind that he is going to inherit from you as well. If the two of you divorce or reconcile, it would be wise to visit your estate and probate lawyer to update your estate plan. If you don’t and there are other family to make claims, you could wind up in a lawsuit called estate litigation.
As the complexities of estate planning unfold, it becomes clear that having a trusted legal partner is indispensable. At Schaffer Herring PLLC, we specialize in navigating the nuances of Oklahoma’s estate planning laws, ensuring that your estate plan is customized to meet your specific needs and wishes. Whether you’re considering drafting a will, setting up trusts, or exploring comprehensive estate planning options, Patrick Herring and David Schaffer are here to provide the expertise and guidance you need. Our dedicated approach ensures that your legacy is protected and your family’s future is secure. Don’t leave your estate planning to chance; contact Patrick Herring or David Schaffer today to create a plan that reflects your wishes and secures your peace of mind.
