My lawyer lied to me about the creditor, he said he denied it but he didn't now he's saying i have to let him sale everything, the creditor is my dads ex girlfriend, she has already sued me and the judge told her, she can't do that cause I'm still in probate court, she wants my... View More 
answered on Jun 25, 2023
If a creditor's claim is not denied within 30 days after being presented, the claim is deemed denied pursuant to 58 O.S. § 337 even if your attorney did not file an affirmative denial. However, if the claim was not affirmatively denied, the creditor can file suit on their claim until the... View More
The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.
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answered on Mar 24, 2023
That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.
My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... View More
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answered on Jan 20, 2023
If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.
Does she have to split with children?
answered on Oct 15, 2022
This is dependent on how things are set in place in regards to any will/trust or eatable planning.
Normally, property is marital property and normally goes to the spouse, however with majority of law there are other factors that can be in place. Therefore you need to contact an attorney to... View More
answered on Sep 23, 2022
Possibly, but the burden to trace it and show it was purchased from VA funds is on you.
Is there a law in Oklahoma that you must leave any portion of your estate to family members that are not in the state? Can you leave your entire estate to your church? If you must leave something for married children that live in another state, is there a minimum amount that you must leave?
answered on Sep 18, 2022
In the state of Oklahoma, your spouse is the only person who can make a claim if you don't leave them an inheritance. However, it is necessary that you specifically reference and/or disinherit your children if you don't want to leave them anything. It's best to work with an estate... View More
When my Mother in Law passed we contacted her insurance agent to cancel her policy. He told us it was cancel and we left it at that, the next month we notice that the insurance company is continuing to take money out of the account she shared with my husband We contacted the agent again, he said... View More
answered on Aug 28, 2022
An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your mother-in-law. The estate and probate attorneys here would probably have the most insight on this. A starting point could be to bring the matter to the attention of the executor... View More
They also closed his bank account after telling me that I couldnt because it was going to probate which it did not. My inlaws live directly behind us so they claim that I cant be on family land. We have a mortage through Choctaw Nation as Iam a tribal member but the deed is in his name only. Weve... View More
answered on Jul 27, 2022
Sorry for your loss. Losing a loved one is hard enough by itself but then to have family issues on top of that makes it worse. Based on the limited amount of information you gave you need to contact an attorney as soon as feasible because you most likely have more rights than they are claiming you... View More
Oklahoma Durable Power of attorney question:
My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..
My grandmother wants to revoke or transfer durable power of attorney from a family... View More
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answered on Jul 20, 2022
A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.
To create a new one, see an estate... View More
My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... View More
answered on May 9, 2022
There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... View More
My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?
answered on May 6, 2022
Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... View More
My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... View More
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answered on Mar 9, 2022
If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... View More
Mom has a will. We were told we had to pay a lawyer to file. Can we do this without the lawyer ? The land & home is just sitting there
answered on Mar 4, 2022
You can file without a lawyer. Oklahoma allows pro se representation. It just isn’t advisable due to potential issues with creditors and publication and the like. Best of luck to you.
answered on Feb 20, 2022
Letters Testamentary are valid until revoked or the probate is concluded and the executor is discharged.
They are still listed as joint owners of my home. Daddy wants to get their names off my home and put me on it. Or at least take moms name off and add me. My dad has it willed to me but I need it in my name to get homeowners insurance and homestead on my taxes. How’s the easiest way to remove my... View More
answered on Feb 9, 2022
I’m sorry for the loss of your mother.
If the ownership of your home is as joint tenants, not as tenants in common, with rights of survivorship, your dad needs to file an Affidavit of Surviving Joint Tenant to get your mom’s name off of the title. He can then file a quit claim deed to... View More
We need to clear her house out sooner rather than later.
answered on Feb 6, 2022
In Oklahoma, anyone can initiate a probate. However, the statutes to provide priority to certain individuals if the decedent died intestate. If the person died with a will, then it needs to be probated and the will usually names somene to act as executor.
Anyone paying bills on behalf of... View More
My aunt was adopted by my biological grandfather before I was even born. We never believed less than blood relation. In her passing, she has family disputing my relationship; "step" is what they're saying. She may have had a will, but that family has taken several documents from her... View More
answered on Dec 30, 2021
You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... View More
What does that mean
answered on Nov 29, 2021
If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... View More
He is the next living relative and had to send information and initials to funeral home because funeral home wouldn't let partner do it even with will stating so.
answered on Nov 15, 2021
In Oklahoma he would not be required to provide a copy of the will but since she died (I am assuming she lived there) in New Mexico you should post in the New Mexico group.
In Oklahoma, if your husband was an heir pursuant to the will he would be given written notice when the will was... View More
My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... View More
answered on Nov 11, 2021
You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... View More
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