Legal Question in Wills and Trusts in Oklahoma

Native American Husband passed away.

Hi, My mother is half native american and her husband was full blooded delaware indian in Oklahoma. Her husband recently passed away and did not leave a will. Because of his native american status, he gets monthly checks and 40 acres of land. This is in probate. He has two natural children who want the money and the land. Of course his wife, my mother wants it too. I am wondering if you can tell me the law in this matter. Thank you for your time and consideration.


Asked on 12/12/07, 7:21 pm

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Native American Husband passed away.

If they lived on the reservation, or the real estate is on the reservation, tribal law will control.

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Answered on 12/12/07, 11:58 pm


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