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Questions Answered by Tyler R. Barrett
2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My husband is deceased and I have utility checks in his name I can't cash. What can I do at this point?
Tyler R. Barrett
Tyler R. Barrett answered on Jul 20, 2017

Hi,

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...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Joint Tenancy Warranty Deed

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?

Tyler R. Barrett
Tyler R. Barrett answered on Mar 6, 2017

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... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Does the Transfer-On-Deed in Oklahoma allow the listed features below?

Does the Transfer-On-Deed in Oklahoma allow the listed features below?

(1) Does it allow the property owner to retain his homestead creditor and tax exemptions?

(2) Does it keep the property owner's home exempt from Medicaid claims during his lifetime?

(3) Does it allow the... Read more »

Tyler R. Barrett
Tyler R. Barrett answered on Jan 5, 2017

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 by... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does Oklahoma require that the Executor of a Will to be a resident of Oklahoma?

Does Oklahoma require that the Executor of a Will to be a resident of Oklahoma? The Will was signed by a resident of Oklahoma? Parents live in Oklahoma and son lives in another state.

Tyler R. Barrett
Tyler R. Barrett answered on Jan 5, 2017

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,... Read more »

1 Answer | Asked in Estate Planning, Mergers & Acquisitions and Real Estate Law for Oklahoma on
Q: Does Oklahoma support the Enhanced Life Estate Deed? Can a Enhanced Life Estate Deed be completed without a lawyer?

What is cost if required with lawyer?

Tyler R. Barrett
Tyler R. Barrett answered on Jan 4, 2017

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... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does an estate have to be probated in Oklahoma if the deceased lived in another state?
Tyler R. Barrett
Tyler R. Barrett answered on Dec 2, 2016

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... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: In OK Probate, Title 58 Sect. 331, presentment date has to be at least 2 months. How do you determine what a month is?

"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 determine if... Read more »

Tyler R. Barrett
Tyler R. Barrett answered on May 12, 2016

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... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Is there some sort of form that can be filled out to get my home out of probate so I can refinance?

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... Read more »

Tyler R. Barrett
Tyler R. Barrett answered on Feb 11, 2016

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 and your... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Is there an approved form for an Affidavit of Death for the Grantor of a Transfer on Death deed? Is thee a requirement

Is there a requirement for a release from the Oklahoma Tax Commission for a Transfer on Death deed from mother to daughter?

Tyler R. Barrett
Tyler R. Barrett answered on Nov 5, 2015

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.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Is it legal to deed land by owner after it is listed in a will
Tyler R. Barrett
Tyler R. Barrett answered on Nov 5, 2015

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.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: If i die and leave a house with a mortgage to my son, can he sell it?
Tyler R. Barrett
Tyler R. Barrett answered on Nov 5, 2015

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... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My stepmother lives in Florida and owns real estate in Oklahoma which has a mortgage she is paying. She set up a revocab

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?... Read more »

Tyler R. Barrett
Tyler R. Barrett answered on Nov 5, 2015

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... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My mother and father are deceased. My mother was the last to die. Do we after 20 years have to probate her estate?

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.

Tyler R. Barrett
Tyler R. Barrett answered on Jul 23, 2015

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 could... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Can I sue my father's widow, for my part of his estate, he had no will, and no children with her.She has not spoke with

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... Read more »

Tyler R. Barrett
Tyler R. Barrett answered on Jul 23, 2015

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.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I have been married for 1 1/2 yrs. I believe my husband is showing signs of dementia which he will be tested for in July

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... Read more »

Tyler R. Barrett
Tyler R. Barrett answered on Jul 13, 2015

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. A lot of...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does Oklahoma law recognize a will prepared out of state that did not require probate?
Tyler R. Barrett
Tyler R. Barrett answered on Jul 6, 2015

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... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I have a good will, however, since making it I purchased a rental house. Should I do a addendum, to cover all problems?
Tyler R. Barrett
Tyler R. Barrett answered on Jul 6, 2015

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... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My Mother passed 15 years ago the executor has not probate the will what happens now
Tyler R. Barrett
Tyler R. Barrett answered on Jul 6, 2015

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... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My parents are deceased and I am the only surviving heir..What do I do about the property?

my sister died recently and the property was never probated

Tyler R. Barrett
Tyler R. Barrett answered on Jul 6, 2015

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 advice of... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: What is the distribution of an insurance company upon death of owner in oklahoma if deceased has no will

Decas ed has living spouse and 2 adult children

Tyler R. Barrett
Tyler R. Barrett answered on Jul 6, 2015

To whom, and in what proportions, insurance proceeds are distributed following the policy owner's death depends on whether there was a payable-on-death beneficiary. If the policy owner designated a beneficiary prior to his or her death, then that person(s) would receive the proceeds. Otherwise, the... Read more »

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