That is probably sufficient writing to make it a binding contract. It is better than a verbal contract. In order to have a contract there must be:

1. an offer;

2. an acceptance;

3. consideration; and

4. lawful transaction

Whether it is a good idea to sue... View More

Regarding the 401k, there are often beneficiaries listed. If you are a beneficiary you should be able to make a claim without waiting for an executor. This is because the executor has no access to nor control if there is a beneficiary designation. The exception would be if there was no... View More

That depends. There may be some other details such as preparing a final tax return. Once everything is ready there should be a final account that tells how much is available to pay creditors, expenses of the estate and heirs or legatees. It may be worth doing some prompting to get things moving... View More

I'm very sorry for your loss.

I assume that there is property in Oklahoma. Whether or not a probate (succession in Louisiana) is necessary depends on the how the property was titled in Oklahoma. If it is real estate in Oklahoma and titled solely in your husband's name then this... View More

Here are the options:

1. Seek contributions of the other's fair share of the taxes & expenses; but they may claim that the occupant owes them rent.

2. Buy out the others interest.

3. A partition could be an options the the pros and cons are too many to discuss here.

Yes, an executor or personal representative can live in another state. Often they can even manage the estate without making any court appearances. If there is personal property involved they may need to oversee its disposal or disbursement. I have had executors who performed all of their duties... View More

Yes, it is possible to sell surface rights while retaining rights related to the wind lease/easement. However, the would require some special drafting in the contract and the deeds.

Your question is interesting. Without more information it would be difficult to answer.

You, by yourself, cannot simply put the property into your own name.

If the property was solely in your mother's name, then we would look to the Will or Trust to determine who has rights... View More

You really need a Power of Attorney since he is still alive. But the POA is ineffective if he dies. Once he passes the property will be governed by intestacy statutes unless he creates a Will, Trust of a simple Transfer on Death Deed.

Sorry for your issues.

This might help:

Oklahoma Statutes

Title 47. Motor Vehicles Chapter 62A - Used Motor Vehicle and Parts Dealers

Section 581 - Definitions

19. a. "Used motor vehicle dealer" means any person who, for a commission or with intent to make a profit or gain of... View More

There is no specific permission or forms to complete. Verbal permission is sufficient. Perhaps one way is to have her tell the attorney that drafted it to show it to you.

Keep in mind that a Will does not convey any interest while she is alive and has no control over assets that pass... View More

You should visit with an attorney who does trust litigation. It is likely that you are entitled to see all of the documents. If you know who prepared the trust, you might ask the attorney for a copy.

"You never really know someone until you share an inheritance with them." Mark Twain

Yes there are ways to make the property appear only in one spouse's name. There are good reasons for doing this or bad ones. It sounds like you are attempting to accomplish some form of asset protection. You should have an attorney advise you.

Sorry for your troubles.

Will or no Will the answer is the same.

You are under no legal obligation to file a probate even if your mother named you in her Will. Any of the heirs can file the probate and seek appointment of themselves as personal representative. If it is important... View More

Sorry for your loss.

You are not responsible for your parent's debts unless you cosigned. If there is a probate and there are assets, the creditors can only share in the proceeds from those assets. If there was a foreclosure in Oklahoma, in order for the creditor to have any claim... View More

Great question. The answer is yes.

A Will is not effective to transfer a home or bank accounts until it is admitted into probate. Probate is a process by which title to property is transferred to a heirs or persons named in a Will. Often this can be done in a summary probate procedure... View More

Sorry for your losses.

This is can be a fairly simple process. You did not state whether the property was real estate, bank accounts or otherwise.

Depending on several factors, your parents' estates may be eligible for a summary probate procedure. See... View More

Sorry for your loss.

Probate is available even if you mother did not have a Will.

It sounds like your mother owned a home that had a mortgage on it. Unless you are a co-signer on the promissory note you are not responsible for paying it.

Assuming that your mother owned... View More

Possibly. This very fact driven question not easily answered here. But your side should be entitled to 1/2 or more assuming she owned the stocks before that the marriage.

Sorry about your friend's issue. I'm assuming that your friend is not married. One way to accomplish this is with a Transfer on Death Deed. The property remains his until he passes. Once he does you have 9 months to file a claim form with a copy of his death certificate. This method... View More