In the US, a surviving spouse would be the first in line, followed by any children. 21 O.S. For example, if you have created a strategic estate plan and you have transferred property ownership to trusts; or, all of your property is jointly owned (with rights of survivorship), then there may be no property which would transfer through the probate process. The next of kin will share the estate based on their relationship with the deceased. Parman & Easterday can provide you with advice on creating a will as well as on creating a more comprehensive estate plan that can help you to achieve other goals you may have for your future and your heirs. How an Oklahoma City Intestate … American Academy of Estate Planning Attorneys. Under Oklahoma law, a surviving spouse is entitled to inherit the entire estate if the decedent did not have any children, his parents are deceased and there are no surviving siblings. The next of kin that are in line to inherit under Oklahoma intestate succession law depend on the other survivors of the decedent. Parents or siblings inherit everything if there is no spouse and there are no children. If there are no parents, no surviving issue, and no spouse but there are surviving grandparents, half of the estate passes to surviving paternal grandparents and half passes to surviving maternal grandparents if they are all of the same degree of kinship to the deceased. If you don’t want these rules to apply, it is up to you to make changes by creating a will or developing a comprehensive estate plan that will avoid the laws of intestate succession and probate. Our Oklahoma City estate planning lawyers will help you so you do not die intestate and leave open questions about who should inherit. A surviving spouse inherits half of intestate property and descendants inherit everything else if there is a surviving spouse and surviving issue AND all of the issue are shared by both the deceased and the spouse (i.e. Doctors attempt to seek the views of the next-of-kin when considering decision making for unconscious patients or those who lack capacity. You need to know what the Oklahoma intestacy laws are, as these laws will apply when you die with assets in Oklahoma. If there is more than one person of the same degree, any person of that degree may exercise the right of disposition; 9. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Who Is Legally the Next of Kin? According to these laws, a surviving spouse is the first eligible beneficiary. What’s an “Atom Bomb” or “Contingent Remainder” Beneficiary? However, if there appears to be a … Once you have selected a mortuary to handle your loved one’s final arrangements they will guide you and help you to fill out all of the necessary paperwork. If a half-relative of the decedent is a next of kin heir under Oklahoma law, they will inherit just the same as if they were a “whole” relative, with one exception. You can also join us for a free seminar to learn about intestacy rules. The legal standing of who may be “next of kin” in a wrongful death may not be readily clear. ... parent, issue of parents, grandparent, nor issue of a grandparent, the estate passes to the next of kin in equal degree; 3. The next of kin is a person who can make legal decisions (like choosing between burial and cremation) after someone passes away. The term “next of kin” and “heirs at law” are often used interchangeably in Oklahoma law to mean those entitled to take under the statutory distribution of intestate estates (when a decedent dies without a will). 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