I agree with Mr. Fleischer’s response. While there is no specific statute of limitations on starting the probate process, I would recommend at least consulting with an attorney. If there is a will and you are named executor, you may have certain legal obligations relating to the deceased’s...View More
First and foremost, I am sorry for your loss. Regarding your question, probate is typically necessary anytime someone dies owning property in only their name. Oklahoma has procedures for summary administration and small estate affidavits, both of which are generally less costly than...View More
I am a party to a Joint Tenancy Warranty Deed wherein after the last parent passes the land becomes property of the two sisters. What document in Oklahoma do I need to file to show the last parent passed?
In order to be completely confident, I would need to examine the deed. Generally speaking, however, there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving...View More
A Transfer-on-Death Deed does not constrain the grantor's ability to sell the property during his/her lifetime. In addition, generally speaking, because a Transfer-on-Death Deed is a testamentary transfer (meaning it takes effect at death), the tax treatment is the same as property disposed of...View More
Hi, thanks for your question. Oklahoma does not require the Exexutor (or Personal Representative) of a Will to be a resident. Nevertheless, depending on the circumstances of a particular situation, it could be more prudent to name an Executor who lives near the Will maker. Each case is different,...View More
Hi, thanks for your question. In Oklahoma, we call this a Transfer-on-Death Deed. Our statutes specifically authorize it. I cannot speak for other attorneys. However, I typically do estate planning matters on a flat fee - which varies depending on the nature and complexity of the documents I am...View More
Hi, thanks for your question. As a general rule, if a person dies leaving property in their name only (meaning it is not in a trust and there is no joint owner), then a probate is necessary to transfer the property to the deceased's heirs and/or beneficiaries. Assuming someone had property in...View More
"presentment date shall be a date certain which is at least two (2) months following the date said notice is filed, and the first publication of said notice shall appear on or before the tenth day after the filing of said notice." One of my assignments for Estate is to find out or... View More
For purposes of Title 58, Section 331 of the Oklahoma Statutes, the minimum notice is 60 days. If the presentment date stated in the notice falls on a Saturday, Sunday or legal holiday, the presentment date is deemed to be the next day which is not a Saturday, Sunday or legal holiday. The statute...View More
My wife died in June 2013. I am still her husband. The title deed states Gregory Cummings and Tracey Cummings, husband and wife, but it is not a Joint Tenancy agreement. There is nothing that states survivor-ship. I am a 100% disabled veteran, and there is no money... I cannot continue to afford... View More
I am sorry to hear that your wife passed away. Unfortunately, because the home was not in joint tenancy, it will be necessary to probate your wife's estate in court. Only then can your wife's name be removed from the title so you can refinance. Moreover, if you and your wife have children...View More
There is no need to obtain a release from the Oklahoma Tax Commission while the grantor of a transfer on death deed is living. If the grantor of the transfer death deed died prior to January 1, 2010, a release from the Oklahoma Tax Commission would be required.
Yes. A will does not take affect until the person who made it dies. Therefore, so long as the person is living, their will does not impact the ability to buy, sell or otherwise deal with property listed in the will.
Assuming the house is titled in your name alone (and not a trust or joint tenancy), then your son would have to probate your estate in state district court in order to sell the house. In the event that the mortgage was not paid off at the time of your death, the bank could theoretically foreclose...View More
My stepmother lives in Florida and owns real estate in Oklahoma which has a mortgage she is paying. She set up a revocable trust in Florida naming the Oklahoma property to be added. To transfer the property to the trust does she just need to quit claim deed it in Oklahoma to her trust in Florida?... View More
In order to transfer the property to her trust, your stepmother will need to execute a quit claim deed and record such in the land records of the county in Oklahoma where the property is located. Prior to doing so, she should confirm that no one else is on the title to the property. I recommend...View More
We are trying to sell the house that my grandmother left my mother and her brother and sister. All are deceased. My aunt and uncle estates have already gone through the probate process. What legal action, if any do my brothers, sisters and I have to do for my mother.
Assuming your mother's portion of the property was owned in her name alone, as opposed to a trust or joint tenancy, then you will need to probate her estate. Depending on the circumstances, you might be able to sell the house during the probate case, with the court approving the sale. Or you...View More
me since he died in 2008. I am concerned that her sister will take what belongs to my family not her family. I live in Missouri and she lives in Oklahoma. All of the property they had was join ownership. I want her to live comfortably , as my father wanted. i just think it was all kinds of wrong... View More
I am sorry to hear about your situation. Unfortunately, if the property was owned by your father and his wife in joint tenancy, there is nothing you can do. The property passed automatically to her upon your dad's death, and she is now the legal owner of the property.
My question is that my husband has had his son- who is a lawyer- guardian over his estate. Does this change things for me as the wife? Do I need to have a lawyer put everything over in my name with my husband to have authority? Or will I be left without any say so over my husband, his care, and... View More
Thank you for the question. First of all, I am sorry to hear about your situation. I have family members who suffer from Alzheimer's disease/dementia. It's a tough thing to go through for everyone involved.
I will preface my answer by pointing out that this is a complicated issue....View More
Why did the out-of-state will not require probate? Oklahoma recognizes out-of-state wills that have been admitted to probate in other states. Typically, there is a probate first done in the state where the person who made the will resided at the time of their death. Then subsequent probate cases...View More
Hi, thank you for your question. How old is the will? Your estate plan should be reviewed with an estate planning lawyer at least every few years because changes to your personal and financial circumstances could render your existing documents less effective or even obsolete. In your case, the...View More
If your mother owned any property in her name alone at the time of her death, then a probate will still be necessary in order to legally transfer title of the property to her heirs. Because the named executor has neglected to probate the estate for so long, another interested party (such as...View More
More information is needed to answer your question. In particular, how was the property titled? In both your parents' names as joint tenants? In only one of their names? Most likely, it will be necessary to probate one or both of the estates of your parents. I recommend that you seek the...View More
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