The individual listed on the bank account as POD beneficiary will receive the money in the bank account.

I am sorry for your loss. The answer to this question depends on numerous factors, primarily how she "gave" you the property. For example, did she add you as a joint tenant, did she leave it to you in her will, etc. You should contact an attorney to discuss the situation. Most provide... View More

The answer depends on many factors, but it sounds like you are probably looking at a joint probate of two estates if you want to legally transfer the minerals from your uncle to your father's children. That being said, bear in mind that if there are liquid assets in the estate (like royalty... View More

Yes, you will need probate. There's no small estate affidavit for real estate in Oklahoma. Real estate held in the individual names of the decedents must be probated to transfer marketable title to the heirs. If the home is the only probate asset, however, the probate process can be relatively... View More

I'm sorry for your loss. Whether you need a probate in TX will depend on TX law and whether you need a probate in OK will depend on OK law. In Oklahoma, your need for a probate will depend on numerous factors, including what types of assets your mom had, how those assets were titled, the value... View More

I'm sorry for your loss. Whether you need a probate in TX will depend on TX law and whether you need a probate in OK will depend on OK law. In Oklahoma, your need for a probate will depend on numerous factors, including what types of assets your mom had, how those assets were titled, the value... View More

I agree with Chantelle. I'd also add that it's wise to hire a probate attorney because personal representatives are personally liable for the mistakes they make during probate, whether that’s failing to pay creditors, failing to properly maintain the assets during probate, or failing to... View More

Yes. The estate administrator has a duty to protect the estate's assets from things like embezzlement. If he fails to do so, he may be held personally liable in certain circumstances.

You can quitclaim any interest you might own in a piece of property to anyone you choose. Whether the quitclaim deed actually conveys an interest in the property depends on whether you actually owned an interest in the property at the time. You'll also want to be careful that you don't... View More

Absolutely. This is one of the major benefits of a trust. It allows you to control your assets even after death. You can set it up to pay out however you’d like.

Yes, you can force the will to be probated. According to Section 21 of Title 58 of the Oklahoma statutes, “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 of the estate, or... View More

You have numerous options:

1. You can transfer the house to your son and reserve a life estate for you and your wife. This strategy allows you to reserve the right to use and enjoy the property for the rest of your life and ensure your son receives it upon your deaths, without probate.... View More

Because the bank accounts were held in joint tenancy with your brother, both your mother and brother owned the accounts while your mother was alive. Upon your mother's death, the account became the sole property of your brother. Therefore, the account is not part of your mother's probate... View More

If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... View More

Maybe. Scan the will for a residue (catchall) clause that may transfer all unknown or unidentified property to you (or someone else). If there's no such clause (and no other clause in the will that might be interpreted to convey the car), then the car will pass via Oklahoma's intestacy... View More

I agree with Richard.

In addition, note that powers granted under a POA terminate upon the death of the grantor. Also note the following statute, which is Section 21 of Title 58:

“Every custodian of a will, within thirty days after receipt of information that the maker thereof is... View More

Generally speaking, the answer is no. The executor is responsible for inventorying your grandmother's assets and liabilities, notifying and paying creditors, and then distributing any remaining assets to the rightful heirs. If the house needs to be mortgaged or sold to pay your... View More

If the lease is still valid, either because it is in its primary term or has been extended into its secondary term due to production on it, then the lease is still good and the company (and your dad's heirs) must honor it. However, in such a situation, the oil company can escrow any royalties... View More

Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... View More

I'd recommend hiring a business formation attorney, but if you are wanting to do it yourself, here's a pretty good overview of the steps involved, along with links to helpful resources:

https://howtostartanllc.com/oklahoma-llc