Legal Question in Insurance Law in Oklahoma

My brother in law passed away, and before doing so, his wife of 3 months left him and committed adultery. even with all of this information, she is still getting everything, even though his goal on monday was to remove her from his policy, as well as anull (sp?) the marrage. is there anyhing that the family can do to prevent her from getting everything??


Asked on 1/04/10, 10:04 am

1 Answer from Attorneys
Mitty Means Mohanty Means, P.C.

Notify police if his death was untoward.

Notify insurance carrier of the circumstances. The company should investigate.

Did he leave a Will? Does that Will leave her everything? If not, it passes through intestate laws, ie proate.

Under Oklahoma intestate laws of descent and distribution, the decedent's parents (if none alive, then his siblings, get a certain percentage of the decedent's assets. See tit. 84 OS Section 213. Go to OSCN.net. Click on legal research, go to title 84 and then scroll down to Section 213 and read it.

Then file for probate.

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Answered on 1/11/10, 11:08 pm


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