Sorry to hear of your loss.

Title 58 O.S. Section 21 - Delivery of Will to District Court by Custodian 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... View More

Assuming that your father was single at his death, you and your siblings should inherit it subject to debts & liens.

Medicaid is extremely complicated and it would be impossible to provide an answer based upon your scenario. For instance, you were not clear whether you or your wife is the person receiving benefits.

Sounds like you need to visit with another attorney. There may be reasons that the effort in the sale of the property might not make sense, such as mortgages or excessive creditors' claims. If taxes are not paid on the home it will be eventually be sold for back taxes.

Sorry for your loss.

Unfortunately, you will probably be unable to pass title to the property and therefore unable to sell it until the court put the property in your own name. $2400 for an attorney's fee sounds like a bargain. Be sure to have an understanding of your mother's unpaid bills, etc.

Sorry for your loss.

You have only 9 months to file a form to claim the property.

The legislature has not created a form. You are correct that the affidavit of surviving joint tenant is incorrect.

An attorney prepared form should cost about $250.

You and your... View More

The state where the property is located should dictate the intestate succession.

This can be confusing. Here is Oklahoma's statute:

https://law.justia.com/codes/oklahoma/2014/title-84/section-84-213/

Care must be taken to identify then disinherit the individual. You can't just leave them out of a Will. That is called a pretermitted heir who would have a basis to challenge. There are ways to insure that assets pass without court involvement.

Many people confuse Medicare with Medicaid.

Medicaid is a "needs based" benefit available to individuals with certain income and asset requirements. Nursing home benefits involve a complex set of rules. If you or a loved one is in or needing to be admitted to a nursing home an... View More

There are so many things that may impact the response. Did you receive notice, were you mailed and order, were you a minor during the probate, etc. If the estate is worthwhile you should immediately contact an attorney.

Your spouse may have a spousal homestead claim to the property. Therefore, the buyer's title insurer will likely require her signature even if she isn't on the deed or mortgage.

The situation you are looking at is a deed with the reservation of life estate. You would be on the deed but have no right to occupancy or income therefrom until your parents pass away. The capital gains question is best asked of an accountant.

The problem with a transfer on death deed is... View More

To answer this you will need to review your city or town ordinances. You might also need to review the neighborhood restrictive covenants. If you are leasing review your agreement. If you are breeding dogs review:... View More

Your question did not have all the facts necessary to give a more solid answer. However, it sounds like you had a contract for deed or lease to own agreement. You should have an attorney review the agreement along with any other writings (emails, texts, letters, etc). If you have an interest in... View More

Not my type of case but you may be able to sue for specific performance which will require sale.

Sorry for your loss.

If your father was a beneficiary of a IRA, insurance policy, 401k or similar item, he has the right to those funds which generally fall outside of the probate court's jurisdiction. Generally, son's creditors cannot make any claim to funds so designated.... View More

Unless your surviving brother agrees to share you are probably out of luck since the bank account is controlled by contract.

Be very careful. I have lots of folks who walk in with an online power of attorney. I estimate that about 20% have serious errors. These may be drafting, witnessing, signing, and creating unworkable situations. Most attorneys will provide service on a flat fee basis or may provide you with the... View More

He probably doesn't in Oklahoma unless somebody else was named in a Will to serve as Executor or if somebody else would have priority over him.

If someone tells you that you won a lottery then demand cash it is a scam.