Legal Question in Family Law in Oklahoma

Re: Spouse wills 100% to non-spouse

Thanks for your question. To the extent that Oklahoma law applies to the Estate, a surviving spouse can "elect to take against the Will" in writing as set forth below in order to recieve 1/2 of the property acquired by joint industry, (ie. during the marriage):

" If the surviving spouse desires to make the election provided in paragraph 2 of this subsection to take the property specified therein in lieu of all devises, legacies and bequests for the benefit of the surviving spouse contained in the last will and testament of a decedent, then the surviving spouse shall make such election affirmatively in writing, which writing shall be filed in the district court in which the estate of the decedent is being administered on or before the final date for hearing of the petition for final distribution of the estate. The court clerk shall immediately mail a copy of such election to the personal representative of the estate and to all attorneys of record of the estate. Such written election of the surviving spouse shall be in the form of a writing separate from all other pleadings and documents filed in the district court in which the estate is being administered. Failure of the surviving spouse to substantially comply with the provisions of this subsection shall render the attempted election by the surviving spouse void and of no force or effect; provided that such failure shall not prohibit the surviving spouse from making a subsequent election within the allotted time period, which substantially complies with this subsection."

Re: Spouse wills 100% to non-spouse

To answer this question properly would be to exceed the 5,000 character limitations of this service. Briefly:

There is such a thing as a widow's election will, but absent a widow's election or contractual wills, one spouse retains their community property interest and the deceased only bequeaths that which they own, subject to homestead rights of the surviving spouse. To be effective, a will must be probated (or it is not a will, only a purported will). That would generally be done by the party who takes under the will. Wills can be contested and other matters can be brought in probate court such as lawsuits for damages and those can affect the distribution. This should at least give you a starting point for your research, and you might want to go to your county's law library for further research. Try the course books from the State Bar of Texas as an introduction to the topic. You may also review material at my web site:

http://www.reasonable-doubt.com