Legal Question in Wills and Trusts in Oklahoma
Native American Husband passed Away #2
Hi again. They did not live on a reservation, so the question is does his wife inherit his money and his land or his children? Thank you again.
Asked on 12/13/07, 11:32 am
1 Answer from Attorneys
Mitchell Roth
MW Roth, Professional Law Corporation
Re: Native American Husband passed Away #2
If they lived in Oklahoma it would be based on Oklahoma law. About the 40 acres, if they are on a reservation it requires application of Tribal law. Most states require an estate to be split 50/50 when there is one spouse and one child and the person dies without a will (intestate) and the assets are not in a trust.
Answered on 12/13/07, 12:20 pm
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