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Questions Answered by Ilana Sharpe
3 Answers | Asked in Probate for Oklahoma on
Q: What is time limit to file for probate in Oklahoma

Family member refused to file the will

Ilana Sharpe
Ilana Sharpe answered on Dec 9, 2020

There is no time limit in Oklahoma to file a probate.

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can the executor sign everything over to one child?

My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.

Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on... Read more »

Ilana Sharpe
Ilana Sharpe answered on Nov 9, 2020

I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My sister refuses to sign for either of us to apply to become Administrator of our deceased brother’s estate.

To avoid probate, my sister has a friend in the real estate business that wants to do a quick sale on brother’s house. I’m leery. She told me to call “her” lawyer to get the details as to why I should go quick sale rather than probate. Her lawyer just happens to be the lawyer that... Read more »

Ilana Sharpe
Ilana Sharpe answered on Oct 22, 2020

It could perhaps be considered a conflict, however, there isn't a quick run around a probate. I've assumed this house is in Oklahoma. Assuming the house was titled solely in your brother's name, then there is no way to legally transfer title without an administration of your... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: What Oklahoma statute states that an executor of the estate must give expense accountings to the beneficiaries

We're needing this because I'm the beneficiary and the executor has not given us any expenses of the estate. We're just days away from the final accounting hearing. I've had to do this pro se.

Ilana Sharpe
Ilana Sharpe answered on Oct 21, 2020

58 O.S. Sec. 541 is the statute relating to final accounting.

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in August this year. His wife of 4 yrs has filed to be admin since there no will he owned a business

A home and several vehicles on the list of assets several vehicles aren't listed and the value of inventory to business wasn't included my dad told me we were to split the interest in company 1/2 to us and other 1/2 to her but she is trying to keep it all where do we stand in being able... Read more »

Ilana Sharpe
Ilana Sharpe answered on Oct 21, 2020

First of all I am very sorry for your loss. In regards to your question, if there was no Will then the assets of your father would be passed pursuant to the laws of intestacy. In this case where there is a surviving spouse and children who are not the children of the surviving spouse, his wife is... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: trust been in probate for 10 years how long can it be there in Oklahoma
Ilana Sharpe
Ilana Sharpe answered on Sep 25, 2020

I am a little confused by this question. Trusts are not instruments that are subject to probate proceedings so I’m not quite certain what is happening here. However, there is no limit to how long a probate can take. Depending on circumstances they can go on for many years.

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

Ilana Sharpe
Ilana Sharpe answered on Sep 23, 2020

I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.

Ilana Sharpe
Ilana Sharpe answered on Sep 21, 2020

Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: My fathers parents passed within a few months of each, both intestate. His sis is appointed personal rep. She won't give

him any info. When I looked case up on odcr it says that heirs are determined and "letters of admin sent" and "proof of publishing" has been done. Is my dad supposed to hire his own attorney? He has never received anything from court or sis?

Ilana Sharpe
Ilana Sharpe answered on Sep 18, 2020

As an heir he should have received notice of the proceedings. Publication can only be considered good notice to a person if the person has searched diligently and cannot locate the heirs. If you believe that his sister should not have been appointed as administrator and that the estate is not being... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does stepmom have any right to stock certificate still in grandmas name?

Dad died and his financial planner hands to my stepmother a stock certificate that is still in my paternal grandmothers name. My father had set up a trust and began Funding it - he did not name a beneficiary. She and I learned this together at the office of his planner. My stepmother then says he... Read more »

Ilana Sharpe
Ilana Sharpe answered on Sep 18, 2020

If the stock remains in the grandmother's name then the stock would be subject to the administration of her estate, not your father's. That being said, if her estate leaves the property to your father, then his estate would come into play. You would need to investigate the administration... Read more »

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