After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed
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answered on Mar 8, 2024
When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More 
Hello me and My son is on the house deed my husband is not. What will happen in case I pass away before he does? Will my son totally take ownership of the house or my husband will still have a part of it even if he is not on a house deed
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answered on Feb 23, 2024
In Oklahoma, if you pass away and your name is on the house deed along with your son's, but your husband's name is not, the distribution of your interest in the house depends on how the property is titled and state law regarding spousal rights. If the property is owned as joint tenants... View More
living facility? My mother's rent is paid by my deceased father's pension and social security payments, with a little overage each month. I want to protect her assets if/when she needs a nursing home, there is $172,000 in her bank account after the sale of their home. She is 79 with... View More
answered on Dec 20, 2023
That is a great question and I can see that you have done some homework.
The document preparation is not overly difficult for an attorney well versed in elder law and Medicaid eligibility. But the work is in counseling, reviewing and planning. There are questions regarding if the client... View More
She left her home to my son who's now trying to kick me out when I've been there for 22 years and I'm disabled.
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answered on Oct 15, 2023
A trust is a legal entity that holds and manages assets for the benefit of specific individuals or entities, known as beneficiaries. The trust is created by a grantor (in this case, your mother) and is managed by a trustee, who is obligated to act in the best interests of the beneficiaries... View More
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answered on Sep 18, 2023
In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More
answered on Jul 26, 2023
A pour-over Last Will and Testament is a document that is ancillary to and supports a Trust agreement. Think of a trust as a wagon, it only works if something is put into it. This is known a funding. When creating a trust, there is usually a document that assigns your personal property into the... View More
Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?
answered on Jul 26, 2023
Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More
complaining party wants done?
answered on Jun 29, 2023
Context and details are always critical, so I think an attorney would need to first know the specific situation you are referring to in order to know whether or not there might be a duty to do, or not do something.
If you have a specific situation, contact an attorney directly (don't... View More
The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More
answered on Apr 13, 2023
She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... View More
The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More
answered on Apr 11, 2023
Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?
A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death.... View More
I live in California the property's in ok. what do I do to get property's in my name
answered on Apr 4, 2023
I am sorry for your loss. Unless the property was in joint tenancy or had a transfer of death deed filed, you will have to have an estate proceeding to pass good title to real property to either the heirs or to a purchaser of the property. Your buyer will not be able to get a title policy without... View More
I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you
answered on Mar 23, 2023
POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... View More
I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or... View More
answered on Jan 10, 2023
Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK... View More
him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?
answered on Jan 4, 2023
To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.
Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?
answered on Dec 24, 2022
If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... View More
THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .
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answered on Dec 14, 2022
POA from trustee will not work because fiduciary duties are not delegable. Look at the trust instrument for provisions will respect to removal of incapacitated trustees, trustee resignation, trustee succession, and appointment of successor trustees. If that doesn’t work then you might have to go... View More
THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .
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answered on Dec 13, 2022
Most buyers would reject such a conveyance, as Title at best would be questionable. It would be much better for a Successor Trustee to take over managing the Trust. Read the Trust Instrument for relevant terms. Hire an OK attorney for advice and if necessary, sue the Trustee for Removal for... View More
Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... View More
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answered on Oct 21, 2022
The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... View More
I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More
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answered on Feb 14, 2024
Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.
When he bought this house he didn't want my mom anywhere on the note because he wanted to make sure my sisters had no rights to any of it. He died two years ago. My mom says she has "survivorship" but I don't know what that means. The mortgage still Comes in his name as she... View More
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answered on Feb 14, 2024
Hire an OK attorney to search the title and determine the estates created. Then you will know who owns the property later when certain different events occur.
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