Legal Question in Wills and Trusts in Oklahoma

My grandfather inhereted property and $$ when my grandmother passed. He then set up a Family trust and did up a Will. A few years later he had a relationship and him and his lady friend did the commom law marriage thing for medical insurance and tax purposes. My grandfather has passed and his will is being handled by who he assigned as executor, his niece. All was fine, Grandfather had left his common law spouse $30K, and access to the house for two years or until she co habitats somewhere else. Then the property is to go to my Uncle and all tangable assets not mentioned are to be split between myself and Uncle. Also their are suppose to be $20K accounts set up for my sister and my daughter. The common law spouse has now decided she has not recieved enough compensation so she is seeking to inheret all property, money, all assets. Can she do this? Please let me know if you need more information or clairification on anything.


Asked on 3/24/10, 5:28 am

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

Your uncle needs to file for probate. She cannot go against the Will, that is if your grandfather left a will. If he did not, it is best to start probate and no, she cannot get more or even much!

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Answered on 3/29/10, 11:15 am


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