Richard Winblad's answer Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.
A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:
B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:
Richard Winblad's answer Probate matters are complex, it is difficult to comply with the requirements without having experience. While you might find some forms at the local law library in the courthouse, the real task is knowing what to file and when. Many attorneys handle probate estates on a flat fee basis. Check in your area.
Richard Winblad's answer It would be highly unusual for a judge to base his decision on facts that were not presented in some form to the court. An attorney's "conclusions of law" are generally the result that the facts call require. It is possible that the judge focused upon facts or laws that neither side considered relevant or important. You should discuss with your attorney about the ability to appeal if you were aggrieved by the decisions.
It sounds as though your sister forged your name to an acceptance of an offer to sell and that an earnest money check was deposited. I say this because if your name is on the property (completed probate or trust) then you must sign before a notary public.
You should hire an attorney to review the situation. This is especially true if the contract was below market value.
If you don't want the deal, you should take steps now to prevent the sale...
Answered on Jan 10, 2019
Richard Winblad's answer Visit with an Elder Law attorney in your state. There may be several avenues available to protect the homestead. Frankly there are too many variables to discuss without more details.
Richard Winblad's answer This all depends on whether or not the property is being taken for eminent domain. If the company is a common carrier they may have this power. Eminent domain is often a condemnation for those who do not agree the the company's offer. Often companies offer a very low value.
If this is for a pipeline for production from below your property they may also have a right but must pay damages.
If the company does not fit into either of these categories, then they are seeking a...
Richard Winblad's answer Generally is is a very bad idea to create democracies in POAs. What if they disagree. Having three doesn't assure a tie-breaker. It is generally better to name them to serve successively.
Richard Winblad's answer A simplified Oklahoma probate Is required to put the property in the name of the person who inherited it. Unfortunately the Texas probate doesn’t have jurisdiction in Oklahoma so this step is necessary.
Richard Winblad's answer Many final orders include "after discovered property" language that may take care of the issue. If it does, obtain and present the bank with a certified copy of the order. If this does not do the trick, you may need to reopen the case.
Richard Winblad's answer It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions.
63 OS Section 3102.4
When an adult patient or a person under eighteen (18) years of age who may consent to have services provided by health professionals under Section 2602 of Title 63 of the Oklahoma Statutes is persistently unconscious, incompetent or otherwise mentally or physically incapable of communicating,...
Richard Winblad's answer Estate planning attorney does more than just help you get assets to family members. That is a secondary concern. My first thoughts are how to protect you will you are still alive. If you don't have proper Powers of Attorney & Advanced Healthcare Directives in place, your family may face uncertainty, chaos and high costs.
Most estate planning attorneys handle small estates on a flat fee basis and find ways to save you money now and your family money later.
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