The hospital wrote off my son's fathers bill, Air-Evac wants 64, 000 . This would mean my son would have to sell his home to pay his dad's life flight bill. Does my son have any rights since he is disabled and on SSDI ?
How can an heir legally petition court for admin of estate and in that legally bound petition say they are only heir to the estate knowing there is no will and there are 2 surviving children making them both heirs. To say they are the only heir is lying and the court also at the hearing for the... Read more »
Yes, absolutely! If you are a surviving child of the deceased you need to go to the court hearing and let the Judge know there are surviving children. If you have proof (i.e. your birth certificate) I would take that. If you don't have you can provide that later.
My father recently passed away and he had no will. The 2 surviving heirs would be me and my sister as he was not married and parents are deceased. She petitioned courts and left me out as a heir saying she was his only heir. Is this legal & what can I do? I just found out about this accidently... Read more »
I'm sorry for your loss. You, as an heir of your father, have a right to part of his estate if he died without a will. Even if you were adopted later on, you are still his biological son and his heir. As an heir you should have received notice of the hearing. However, sometimes notice of a...Read more »
My 82 year-old stepdad just passed, and though he and my mom (married 32 years) had a typed doc stating that in the event of either’s death, everything would go to the other, in the event of both of their deaths, everything would go to me, the document wouldn’t qualify as a will since there are... Read more »
I am sorry for your loss. Since the property is in your stepdad's name only, there will have to be probate of the estate. You should contact a probate attorney as soon as possible to discuss all of the facts so they can give your mother appropriate advice. Your mother may have homestead...Read more »
I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in...Read more »
My father passed away in January and left my brother as executor of a trust. He got greedy and kept everything except an old classic car my father was storing in his friends garage. It’s been almost 8 months and the friend told me if my brother didn’t come get the car to just take it. Now my... Read more »
You stated that your brother "got greedy" and kept everything. Do you have reason to believe that the trust states that you get property? If so, you should contact an attorney to file a petition with the court to review the trust to determine if the property is supposed to go to your...Read more »
They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »
If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!
Grandfather died years ago and left a house to his children, but there's no will. My mom became executor and completed to probate process in California where he lived al so I'm looking into getting it started here. I just read there's a simplified process that we could do if either... Read more »
If the house is in Oklahoma and your grandfather passed away in another state or his Oklahoma assets were below $200,000, you should qualify to do a summary administration (a shortened probate process). So long as no one contests you starting the probate process and being named as Personal...Read more »
He had no will & I wasn't added to the deed on our home. Myself & kids have lived in our home & currently still do. Husband has 1remaining heir and to their belief he passed away single when in fact he did not. Probate court date is days away & I need to know how to address the... Read more »
Yes, you need to go to the Court hearing and tell the Judge what you posted. If you have your marriage license take it to the hearing, so you can prove you are married and a copy of the deed to show that the home was purchased after the marriage. If you don't have the documents, just tell the...Read more »
If you are an heir you have an interest in the estate and could hire an attorney to review the evidence of embezzlement. That would allow you to file a motion to try to get her removed as the personal representative.
The answer may depend upon where the case is in the probate process. It is not clear from your description what has happened in the case so far. However, such a request would properly be made by a written motion, which is generally granted unless parties would be prejudiced or it would unduly...Read more »
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 »
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 »
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 firstname.lastname@example.org and I can...Read more »
My Grandfather left a will. The probated was hotly contested but then never finalized. The person (my uncle who was cut out of the will) who contested and pretty much subsumed the estate has now died. A year before his death he informed my father he had never finalized the probate of their father... Read more »
An attorney would have to review the entire probate and any other related transactions to see if there were any cause of action. Unjust enrichment is an equitable action and subject to equitable defenses such as laches. Unjust enrichment is an action that is highly dependent on the the facts and...Read more »
Not sure if there is a will or not. My sister was making house payments with moms money, mom died last month and she hasn't made the house payment. What can I do to prevent losing the house for non payment with her living in it?
You can make the mortgage payment yourself - the mortgage company won't care who makes the payment as long as it is paid. You should get a probate on file so the PR will have the authority to discuss the mortgage with the mortgage company. Through the probate you can get the house sold and...Read more »
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 »
I am beneficiary of two money market accounts and on his checking accounts. He had a woman living at his home who had undue influence on him. He was elderly and felt sorry for her. He had lawyer draw up a Transfer Upon Death to turn over his house to this woman upon his death. He died April... Read more »
Sorry for the loss of your friend. The transfer on death deed must be acceped by the beneficiary by filing an affidavit within 9 months of the date of death. If that is not done, the real property becomes property of the Estate. If that is the case, the estate would have to be probated for good...Read more »
I have helped him for 6-7 years on his farm without pay. He purchased these item for me. Said they were mine. He passed away suddenly from covid. I'm in his will due to my dad being deceased. Im to inherited 1/4 of his estate. Now the aunt has add these item to the probate. I also have alot... Read more »
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