Your question was a little vague.

If there is property that needs to re-titled then it sits in limbo. If it is land subject to taxes it can be lost to a tax sale. It may hamper obtaining bank accounts or other assets. Royalty payors would probably put payments on hold (suspense). Etc.

A Will does not vest the executor or personal representative with any powers to do anything until a judge issues "Letters Testamentary". If there are bank accounts, real estate or vehicles title cannot be transferred just because there is a Will. Also creditors, unnamed heirs etc must... View More

Oklahoma does not have a deadline, a will can be probated at any time.

However the law states, " Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or... View More

I'm assuming your mother passed away and left the home to you. You will not be able to transfer good title to the property unless it is in your name.

Sorry for your loss.

1. If the divorce decree does award your mother the property without any conditions and it contains a legal description, you should be able to obtain a certified copy of it from the court clerk and file it with the county clerk (recorder of deeds). This may have... View More

There is no requirement that the person live in in Oklahoma. However, there are some logistical benefits to having an in-state executor.

Also, you may consider creating a trust or using other probate avoidance techniques. Naming an executor does not automatically give that person... View More

I don't practice in Texas but I found this site informative:

http://www.texasinheritance.com/probate/how-to-probate-a-case/298-learn-how-to-obtain-a-copy-of-a-will

Like many states it appears that it is crime in Texas to conceal or destroy a Will.

If you have a lease that should already be spelled therein. If someone is asking you to sign a lease that amount is negotiable. The producer should also be required to pay the shut-in without requiring the mineral owner to request it. Producers look for a $1 per acre upon request. Mineral... View More

Require your owner to provide title insurance before you turn over money. A quiet title could be much more expensive. Use an attorney or closing company. Sounds like a risky investment.

Great question. Ultimately it depends upon how the deed was drawn up. An attorney would probably charge an hour of time to review and provide an opinion. Without seeing the deed it is impossible to tell. But it is likely that you husband is entitled to at least 50% of the property.

I agree with Keegan. If you know where your opponent works or banks your attorney should be able to issue a garnishment. The attorney would automatically be entitled to additional attorney's fees. If you don't know this information the court can order a hearing on assets.

The personal representative is appointed by the court. If you brother was unmarried and had an adult child, then that child would have priority over you to serve in that role. However, a court is not required to follow the priority as listed.

If there is no Will, the spouse and children are entitled to inherit under Oklahoma's intestacy statute. The percentages vary if there are step-children.

Yes, if your grandfather didn't have a trust or set up a transfer on death deed, then the property would need to go through probate to become titled in your father's name. Often this can be done using Summary Probate if there are no complicating issues. A summary probate can take as... View More

The purchaser should receive a deed to the property and the seller should receive payment.

Sounds pretty simple, but the buyer should also make sure that the seller owns what he or she is selling. Real estate titles are complex and there are many things that may impact the seller's... View More

Sorry for you issues.

Assuming that your parents had clear title and they deeded the property to you, then you are the owner. Be sure the deed is filed with the county clerk.

You would need eviction proceedings to remove all unwanted tenants.

You could potentially be liable... View More

It sounds like your father's will was admitted (accepted) into probate by a judge. The Will would also be valid in Oklahoma except in the rarest of circumstances. Therefore, the gifting provisions of the Texas Will would probably be enforced in Oklahoma.

It would likely not be... View More

If neither of you remarried and the divorce was in Oklahoma it is fairly straight forward. I prepare forms for $250. I believe that most courts will not charge a filing fee. You will need to go to the court that issued the divorce decree even if you live elsewhere now.

I rather suspect that your father's bill is barred by the statute of limitations. The hospital (and every other known creditor) should be given notice of the probate as well a publication notice for unknown creditors. If they file no claims, then their debt is "non-suited". I... View More

No to both questions but this can be done to protect the lessee.