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Is there a timeframe that an estate has to be probated? Does this change with a will and without a will? I see the term testate used a lot for people who have a will, does that term only apply to people who have had the will go through probate and proven to be a valid will, and would you refer to... View More 
answered on Feb 18, 2019
There is not a statute of limitations within which to probate somebody's estate.
If there is a valid Will, then the its distribution instructions are followed.
Intestate, is where someone dies without a Will. Then the property is divided among the heirs according to the... View More
From everything I've been able to collect so far it looks as if she will have more debt than her probative estate. None of her debts have me as a cosignatory or co-borrower.
answered on Feb 18, 2019
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.
Not certain which I need to do
answered on Feb 10, 2019
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... View More
Who would I approach to seek charges?
answered on Jan 30, 2019
See
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... View More
I needed to include, Letters of Special Administration with oath signed in front of notary. Which I would happily do, if I knew how, I cannot find said form.
answered on Jan 28, 2019
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... View More
Conclusions of law and finding of facts submitted directly to judge
Judge made decision on case, but none of the conclusions of law or finding of facts submitted by attorneys were used.
answered on Jan 25, 2019
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... View More
I live in Oklahoma
answered on Jan 25, 2019
Unfortunately, no. Unless your lease or rental terms state differently.
I am on SS and have very limited funds. My mother left me the land she owned, 2 lots in Grant, OK. Handwritten will, land is all there is and value is maybe $2000 or less. Is there a way to get it switched over to my name without court, lawyers and such? I want to donate it in her name to our... View More
answered on Jan 25, 2019
Perhaps your church has an attorney who would do the paperwork for free or the church would pay the costs.
I agreed to selling but not at current offer. She knew this but signed my name an the check was in the bank 2 days before i found out. She will not show me the final paperwork that i wouldve signed. Called realtor asked him copies and he sent 4 pages 1 was blank an no names or numbers on the... View More
answered on Jan 21, 2019
Sorry for your issues.
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... View More
He cannot control his hand movements
answered on Jan 10, 2019
Check in your jurisdiction. In Oklahoma a person who cannot sign a POA may instruct another to do so on his/her behalf if done with proper witnesses.
answered on Jan 10, 2019
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.
Is there a spouse?
Is this on tribal land?
Is there dependent or disabled children?... View More
answered on Jan 9, 2019
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... View More
Can i assign durable financial POA with alternate but a shared medical POA between my three daughters?
answered on Jan 10, 2019
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.
Will has been probated in Texas. No liens on property & taxes up to date.
answered on Jan 6, 2019
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.
This was my mothers bank account, my brother that filed the probate failed to include this on the paperwork. Do i have a percentage of ownership in the money?
answered on Dec 17, 2018
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.
I've asked him multiple times to move them and he won't. Agreed on a date and that day came and went. Now since it's winter I have to feed them and I just want them gone. Don't know what's the right thing to do to get this process done.
answered on Dec 17, 2018
4 OK Stat § 4-191 (2017)
Any person employed in feeding, grazing or herding any domestic animals, whether in pasture or otherwise, shall have a lien on said animals for the amount due for such feeding, grazing or herding.
The statutes provide for a means to foreclose that lien.... View More
answered on Dec 11, 2018
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... View More
The account is in his name only and he did not leave a Will. There is no other property. What steps do I need to take to recover it and what would be the approximate cost and time frame?
answered on Dec 11, 2018
You should able to use a small estate affidavit. If the bank doesn't have one you can use. Contact an attorney.
Six years ago my mother-in-law passed away with no will. The estate never went through probate because one of the siblings kept saying they would get around to selling the house and dividing the rest of the estate between the surviving siblings. The siblings are not wanting to wait any longer but... View More
answered on Dec 7, 2018
Paying taxes alone does not vest title in the individual. Sounds like a probate is needed to get the house sold, even if the sister resists.
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