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Oklahoma Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Oklahoma on
Q: Inheritance taken by stepmom

My grandfather passed his estate to my father, an only child. The estate was supposed to pass to me and my half-brother. My step-mother had my father sign documents transferring all of the estate to her alone. He had been diagnosed with alzheimers a year earlier. My brother and I got absolutely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

You might have grounds to challenge the lifetime transfers or your father's will (unclear which applies) due to lack of capacity. However, you must act quickly due to statutes of limitations and also practical considerations (if you wait to long it might all be gone). You are looking for a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

Anna L Self
Anna L Self answered on Jun 17, 2021

A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... Read more »

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: I have a judgement against me I am dying I have a will giving everything to girlfriend can she wants to live here

The judgement is 2005 then they renewal it in2010.

James Tack Jr
James Tack Jr answered on Jun 4, 2021

I am sorry to hear about your situation. For an ordinary money judgment, the judgment lien lasts 5 years unless executed on or renewed. You may consider consulting with an attorney to determine that the judgment has expired and to make sure your desires for the disposition of your estate will be... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: If an adult sibling with children passes away, are his children entitled to the estate of their grandfather?

One of two siblings dies…are the children of the sibling that died entitled to their father’s portion of his father’s (their grandfather) estate?

James Tack Jr
James Tack Jr answered on Jun 3, 2021

I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I am wanting to give my part of a estate to a family member who is a minor what form do I need to write out in Oklahoma
Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on May 25, 2021

A Last Will and Testament is a document you can have drafted that lays out who you would like your estate to go to.

However, minor children can’t own property, and someone will need to get a guardianship over the minor child if they inherit part of your estate in order to manage the...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Who is responsible for the taxes if the executor is deceased and the taxes come in estate and executor name.
James Tack Jr
James Tack Jr answered on May 10, 2021

The taxes are a liability of the estate not the executor. When a new executor is appointed, she would be responsible for paying the taxes, but they are not her individual liability.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: If the executor of estate dies how can we get his name removed as the executor if there is no longer a lawyer on case

Attorney withdrew in 2010 and the family has never hired another lawyer and how to get a title or deed if executor is deceased

James Tack Jr
James Tack Jr answered on May 10, 2021

You should hire another attorney who can have another executor appointed and have the case concluded. Because this involves real estate, you will have to have a final decree in the estate for the heir/devisees or their assignees to get good title to the property. Unless there is a sale of the... Read more »

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: My father died without a will and I want to know what is required to transfer the mineral rights to me and my siblings.

Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?

James Tack Jr
James Tack Jr answered on Apr 27, 2021

You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... Read more »

4 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My mom wants to leave her house to me, and exclude my siblings from any claim. What is the best (and cheapest) way?

The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 19, 2021

Have your Mom contact a will/estate lawyer and have a will drawn up for her which provides her intent on what she wants to do with her estate, including the house, upon her passing.

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My friends brother is in prison on Utah. His father passed and left the farm in Oklahoma to him and his sister.

He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... Read more »

James Tack Jr
James Tack Jr answered on Apr 7, 2021

It's likely that this is something going on in his father's estate proceeding. There are a number of reasons that the property is being sold. He should hire an attorney to find out what is going on and to protect his interest.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: So if a policy was designated in 1986 this can not be used correct?
James Tack Jr
James Tack Jr answered on Mar 3, 2021

It is not clear what your question is. What kind of policy, what is the designation, and what are you using it for?

2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... Read more »

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1 Answer | Asked in Estate Planning and Internet Law for Oklahoma on
Q: I had bought land from my father but never got a deed. He passed no will 12/20. He is the title owner alone. What to do?

Father no will. I have been living on property for 10 yrs. No child with stepmother, 3 children from marriage to our mother. My dads new wife let us kids come to the farm for 3 HR. & get personal items she had set out for us. My sister had charge over his medical decisions & funeral if he... Read more »

James Tack Jr
James Tack Jr answered on Feb 17, 2021

If a probate has not been commenced, you should initiate probate proceedings in the County where your father lived. If one has already been initiated, you should hire an attorney to protect your rights. You must have a probate for good title to be passed on Oklahoma real estate. In the probate,... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: sister defrauds my share of late moms house sales (1/3 of40k) sells house without my knowledge

I live in Oklahoma county, oklahoma. I was reading about your personal representative deed. my estranged sister sold my late mothers house without my knowledge or acceptance. I looked up the deed online and it lists a personal representative deed. how is this possible that she was able to sell my... Read more »

Charles Watts
Charles Watts answered on Feb 11, 2021

Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: is common law marriage legal in okl? how can i prove common law marriage/meet parameters after death,no will, no kids

my late husband (i guess this term wont hold weight if common law is not recognized in oklahoma) passed 10/10/20. he has no children, no will. his estranged brother is trying to kick me out of house ive shared w over 2yrs. i pay bills. house is worth about 45k. i heard he has been granted head of... Read more »

Charles Watts
Charles Watts answered on Feb 11, 2021

Yes non-ceremonial marriage is still a valid marriage in oklahoma. You will need an attorney to prove your claim since his brother is clearing out things.

There is case law where a regular ceremonial wife was removed from an estate because the husband had never divorced the non-ceremonial...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Mom passed 2012. Brother trustee. Sister & me beneficiaries. Brother refuses to answer questions about trust.

I hired an attorney years ago to ask my brother about my mom's living trust.

To this day, my brother refuses to acknowledge that I'm a beneficiary and won't release funds.

My attorney said that my brother thinks he's above the law. He's a doctor. I'm... Read more »

Charles Watts
Charles Watts answered on Feb 3, 2021

Without the assistance of a competent attorney then you could be waiting a long time for any recovery from your mothers estate. I am not saying just give up, but you will need wise counsel in resolving your issue.

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Oklahoma on
Q: My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean

David A. Cincotta
David A. Cincotta answered on Jan 24, 2021

It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... Read more »

1 Answer | Asked in Energy, Oil and Gas, Libel & Slander and Estate Planning for Oklahoma on
Q: How do I find out if a parcel in Oklahoma had restrictive covenant, mineral rights, water and oil or gas rights attached

I am a beneficiary to a trust that possibly had roylity rights to a property to which have been subject to fraud. I am also the beneficiary residing in another State.

James Tack Jr
James Tack Jr answered on Jan 18, 2021

You would need to research the land records covering the land, which are found in the county clerk's office of the county where the lands are located. Oil and gas titles can be very complicated. You could hire an oil and gas attorney or an oil and gas landman to do the search.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: I was just curious as to if a journal can be classified as a "holographic" will?

The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.

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