Succession Rights Can Only Be Claimed When the Primary Tenant Dies
Video Transcribed: What are succession rights in Muskogee? I am Muskogee Attorney Eric Strocen. And I’m here to explain. We’re talking about succession rights. We’re talking about your right to determine where your property goes after you pass away.
And there are two types of property we’re going to cover today. We’re going to talk about personal property and we’re going to talk about real property, things like land or houses, stuff like that. Let’s start with personal property.
Now the general rule with personal property is that the law governing the succession of that property will be the domicile at death. Your domicile is the place that depending on what state you passed away in, or what state you’re talking about, is where you were there for a statutory period prescribed. And you intended to remain there, meaning that you would be subject to the laws of that location as it relates to the personal property.
Now, when it comes to real property, it’s a little bit different. It goes by the law, the situs, which is Latin for site or position. And the law of the situs just pretty much means the location where the property is located.
You could pass away in California and own property in Wyoming or Oklahoma, for instance, and Oklahoma or Wyoming would be where the law would govern that property. If you have some estate planning needs you want to talk about, come visit us at the law office here on 428 Court Street in Muskogee, or visit us at muskogeeattorney.com.