Q: My wife was verbally willed a house by mother. The house is in mother and father's name. Now father is kicking us out.

A: Oral Wills: Are invalid. It does not matter how many times someone might have expressed their intention regarding how or to whom property is to be distributed; a person without a written Will or Trust is considered intestate. In Oklahoma, the only narrow exception is an impoverished soldier’s dying utterance or a nuncupative Will.

"To make a nuncupative [oral] will valid, and to entitle it to be admitted to probate, the following requisites must be observed:

1. The estate bequeathed must not exceed in value the sum of One Thousand Dollars ($1,000.00).

2. It must be proved by two witnesses who were present at the making thereof, one of whom was asked by the testator at the time to bear witness that such was his will, or to that effect.

3. The decedent must at the time, have been in actual military service in the field, or doing duty on shipboard at sea, and in either case in actual contemplation, fear or peril of death, or the decedent must have been at the time in expectation of immediate death from an injury received the same day."

The other problem you face is how the property is titled. If it was "joint tenancy with right of survivor ship" , and your father was the joint tenant, he would have Title to the property no matter what the Will said.

Even if there were a will, he could impose a spousal homestead for the remainder of his residency or life.

In short, this is not matter in which you are likely to prevail. But don't take my word, ask and attorney in your area.