No will

[JKraus]

Jurisdiction

Oklahoma

My father passed away November 26,2016. He had no wife and I am his oldest living child. My younger brothers are already fighting over his stuff. His will was unfinished. Do these circumstances make me the person responsible for his property? I just want his things dividedone the way he intended.

 

[adjusterjack]

Condolences.

Do these circumstances make me the person responsible for his property?

No.

The person responsible would be the person that the probate court appoints as representative of the estate. You can certainly open probate under intestacy and ask to be representative of the estate.

Your brothers can, of course, challenge that appointment if they want to and the judge will hold a hearing to determine who is best qualified.

I just want his things dividedone the way he intended.

Sorry, his "intentions" died with him.

His estate gets divided according to the Oklahoma law of intestate succession which, in your family situation, means you and your brothers share equally in the division of his assets after his debts have been paid.

Here's the Oklahoma probate statute. Study up.

2015 Oklahoma Statutes :: Title 58. Probate Procedure