Legal Question in Wills and Trusts in Oklahoma

Re: Common Law wife's rights to my fathers trust.

Thank you for your question. In Oklahoma, a surviving spouse can elect to take against the Will. Meaning that she can elect to be treated as if there is no will if the Will would give her less than what she would have gotten had there been no Will. As such a surviving spouse would be entitled to 1/2 of property acquired by the joint industry of the husband and wife during the marriage, plus an equal share with each of the living children of the deceased of the remaining property. As for the money that might be received from the accident, the spouse could have a claim to a larger proportion. For example, if the accident caused the death and a wrongful death lawsuit or claim is paid, a spouse might be entitled to a greater portion of such a settlement based upon her loss of support, consortium and companionship as compared to that of an adult child of the deceased. In such a case, the surviving spouse's share of the settlement might be paid perhaps before any of the money was paid into the trust as her separate damages. The above is not necessarily what would or will occur since it represents only a statement of the general law. A completely different result could apply to the matter you discussed based upon facts which a through review would reveal. You should consult an attorney who can conduct a thorough interview and analysis of all of the relevant facts in providing a definitive opinion.