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Questions Answered by Tyler R. Barrett
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.... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My grandparents want to write a last will and testament. Is it easy to do it yourself?

Ive seen it says you need 2 witnesses, notary, and affidavit. Is this all?

Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

You can write a will yourself. However, your grandparents should hire a lawyer to draft wills for them in order to make sure it's done correctly and according to the law. Furthermore, while there are forms available online, there may be special considerations that your grandparents need to... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: How to start the probate if there is a will?
Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

In order to start a probate case, a petition for probate must be filed with the district court. Which district court to file the petition in depends on where the deceased resided at the time of their death and where they owned property. After the petition is filed, notice is given to family members... View More

1 Answer | Asked in Probate for Oklahoma on
Q: Is it possible for probate to last over a year and a half?

My grandfather died in October of 2013, I'm not in touch with the personal representative but my sister says the house is still in probate even though we already received the money part of what our grandpa left us.

Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

Probate can be both expensive and time-consuming. For smaller, simpler estates, a probate case in Oklahoma can be completed in a few months. However, several factors can extend this timeline, such as creditor claims, disputes regarding the validity of the will or challenges to appointment of the... View More

1 Answer | Asked in Probate for Oklahoma on
Q: Do I need a lawyer to go through probate if the only assets not assigned to a beneficiary are mineral rights?

There are only 2 children, myself and my older brother, there are no other beneficiaries. I am the executor of my Dad's will and trust. It is a pour over will. My Dad did not assign the mineral rights prior to his death. Those are the only assets that have not been dealt with. If I split... View More

Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

Hi, thank you for your question. If the mineral rights in question were owned in your dad's name alone and were not assigned to his trust while he was alive, you will probably need to probate his estate in order for you and your brother to take legal title to the mineral rights. Because your... View More

1 Answer | Asked in Probate for Oklahoma on
Q: My father died in 1984 in TX and will probated. I now have mineral rights in OK. Do I have to have his will probated
Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

Did you inherit the Oklahoma mineral rights from your father? If so, it's likely that a probate of his will in Oklahoma is necessary to ensure that legal title to the minerals is transferred to your name. Oklahoma has special probate procedures for people who passed away while residing in... View More

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