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Questions Answered by Matt Fleischer
2 Answers | Asked in Probate for Oklahoma on
Q: Home of deceased parents not listed in their revocable trust, do we have to go thru probate? Or can we sell
Matt Fleischer
Matt Fleischer answered on Sep 1, 2020

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... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok and died in tulsa ok and left no will and has gas and oil royalties in nacogdoches tx where

Would you file for probate and where would it be held at

Matt Fleischer
Matt Fleischer answered on Aug 31, 2020

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... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok died july7 2020in tulsa ok has gas oil. Mineral rights in nacogdoches tx where does the

Probate take place at

Matt Fleischer
Matt Fleischer answered on Aug 31, 2020

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... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My father died. He and my mother owned land as tenants in common. She wants to sell the land. There was no will.

My mother and I are the only surviving beneficiaries. I don’t care anything about inheriting the land. We just want the quickest and easiest way to get the land out of his name so that we can sell. He died in and owned land in McClain County, Oklahoma. Do we need to go through probate? If so, is... Read more »

Matt Fleischer
Matt Fleischer answered on Aug 28, 2020

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... Read more »

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does the estate administrator have to inform the Judge of an on going embezzlement and prosecute the case?
Matt Fleischer
Matt Fleischer answered on Aug 5, 2020

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.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can you legally quit claim real estate to someone not on the title deed in Oklahoma?
Matt Fleischer
Matt Fleischer answered on Jul 8, 2020

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... Read more »

2 Answers | Asked in Estate Planning for Oklahoma on
Q: Any way to distribute estate assets via trust or will incrementally over time as opposed to a lump sum distribution?

I have two children who aren't very financially savvy so I'm reluctant to drop a fairly large sum of cash on them at one time. I would like to set up an investment account and pay some out over a 10 year period with a full liquidation and distribution at the end of the 10 years.

Matt Fleischer
Matt Fleischer answered on Jul 5, 2020

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.

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1 Answer | Asked in Probate for Oklahoma on
Q: My mother passed away a year ago. How do i force my father to probate her will?

My mother passed away over a year ago. My father has refused to probate her will. I also have a half sister, from my moms first marriage. The estate is sizeable, and we assume that my father is trying to hide something or cut my sister out. We have confirmed the will has not been entered into the... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 29, 2020

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... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My Wife and I are in our 70’s we owe 50.000 on a house worth 100.000 we want our son to have the house, What to do ?

We also have a Daughter, but want the son to have the house,

Matt Fleischer
Matt Fleischer answered on Jun 23, 2020

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....
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1 Answer | Asked in Probate for Oklahoma on
Q: As executor can I gain access to bank records of accounts held in joint tenancy between my Mother and brother?

My mother left a will naming me as executor and splitting her estate equally between my brother and I. I have filed for Summary Administration for a mineral interest held in Oklahoma where I reside. Her only other assets are bank accounts held in joint tenancy with my brother in Arizona where she... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 19, 2020

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... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: What are my rights on my family property, my dad passed suddenly from heart failure. No will.

The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 9, 2020

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... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My dad died and left the house and all the contents to me in his will. He didn’t put his car that is on his land in the

Will am I still intitled to this car or do I have to split it with my brother? I am the legal representative of the estate.

Matt Fleischer
Matt Fleischer answered on Jun 5, 2020

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... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: I have a question about getting a copy of my parents will when my brother will not let me see it.

My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 4, 2020

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...
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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Is there a way I can get the deed in my name while the house is in probate?

My grandmother passed away last year. I am the beneficiary as stated in her will and my mother is executor. Her house in currently in probate. I’m needing to get the deed in my name to take out a mortgage to pay her debts. How can I do that?

Matt Fleischer
Matt Fleischer answered on May 14, 2020

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... Read more »

2 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: My deceased Father had a 1/3rd share in a mineral rights lease which was probated. The oil company won't honor lease

Who signs a lease when the owner is dead or can't be located? Does the oil company have to give the same lease to my Dads' heirs?

Matt Fleischer
Matt Fleischer answered on May 8, 2020

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... Read more »

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?

My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »

Matt Fleischer
Matt Fleischer answered on May 5, 2020

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... Read more »

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1 Answer | Asked in Business Formation for Oklahoma on
Q: I'm trying to startup a small bar in rural Oklahoma but I'm not exactly sure what all I need to do...

All I have so far is the liquor license from the Oklahoma ABLE Commission. Where should I go from here?

Matt Fleischer
Matt Fleischer answered on Apr 23, 2020

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

2 Answers | Asked in Probate for Oklahoma on
Q: When would the statute of limitations start for filing a probate claim begin ?
Matt Fleischer
Matt Fleischer answered on Apr 11, 2020

Assuming you are asking about filing a creditor claim against the estate, such claims are forever barred (in standard probate) unless presented to the personal representative or their attorney by the presentment date, which will be about two months after the notice is filed with the court clerk.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can I leave house and cars by transfer on death deeds to my 14 year old daughter w/o court involved. Do I need trustees

My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »

Matt Fleischer
Matt Fleischer answered on Apr 8, 2020

Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »

1 Answer | Asked in Small Claims and Real Estate Law for Oklahoma on
Q: My mother passed in January, she was single and I'm her only child but there's no will stating who gets the house. What

Do I do? Or have to do to get my Mother's house?

Matt Fleischer
Matt Fleischer answered on Mar 28, 2020

I’m sorry for your loss. You will have to probate her estate in the county where she resided when she passed. However, if you are her only heir, it should be relatively inexpensive and fast, especially if her entire estate was worth $200,000 or less.

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