Legal Question in Wills and Trusts in Oklahoma
Access to deceased mother's belongings after Fa's death
My mother died in 1964, leaving household items belonging to her parents and grandparents in the home. My father re-married, then died 8/10/01. I inquired of his wife regarding his will, and expressed interest in my mother's things that remained in the home. She replied the will was not filed because ''they owned everything jointly''. She did not respond to my question about my mother's belongings. Do I have any legal claim to the items (now heirlooms) that belonged to my mother and her parents/grandparents? The second wife has no children.
1 Answer from Attorneys
Re: Access to deceased mother's belongings after Fa's death
Thank you for your question. It sounds as if he did have a Will and if so, it should have been presented for probate. It may be that some of the property is in joint tenancy such as the home. That would be easy to check at the county clerk's office. As for the household property, it would be considered his separate property prior to their marriage and unless he signed something giving her an interest in personal property, he could do with as he pleased in his Will. Except, a spouse would have a right to live in the home and use the household furnishings during her lifetime unless the same was giving to someone else under the Will.
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