How can a family caregiver get the right to occupy a deceased mother's home

Question

I was a long term caregiver.  I have been without electricity for 100 days.  City refuses to allow me to reconnect because I live in my deceased mother's home.  Have been told an instrument exists that I can file that will give me right to occupy as a caregiver.  What Is that and who do I file it with.

Kyle Persaud · Answer

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts. 
 
Here is part 1: 
 
First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document. 
Then look at the deed. When you look at the deed, ask the following questions: 
1. Does the deed transfer the home solely to the now-deceased person? 
2. Does the deed transfer the home jointly, to the now-deceased person, and another person? 
3. Does the deed transfer the home to a trust, partnership, or corporation? 
• Does the deed transfer the home solely to the now-deceased person? 
If the deed transfers the home solely to the now-deceased person, (and the home was not co-owned by any other person) then, you will have to file a case in probate court, to get the home out of the decedent’s name. If the decedent had a will, the probate court will transfer the home to whomever the decedent named in his will. If the decedent died without a will, the probate court will transfer the home to the decedent’s next of kin, according to the Oklahoma Intestate Succession Law. To see the Oklahoma Intestate Succession Law, click here: 
 
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029

• Does the deed transfer the home jointly, to the now-deceased person, and another person? 
Look at the language on the deed. Do you see the language “joint tenancy” or right of survivorship” or “tenancy by the entirety”? 
If the language “joint tenancy” or “right of survivorship” is in the deed, then, that means, that, when one owner dies, the surviving owner or owners automatically become the owner of the property. All that the surviving owner(s) need to do, is file an “affidavit of surviving joint tenant” with the county clerk. Attach a certified copy of the decedent’s death certificate to this “affidavit of surviving joint tenant.” Then, the surviving owner(s) are the owner(s) of the home. 
A tenancy by the entirety can only exists between persons who are married to each other. If the language “tenancy by the entirety” is in the deed, then, the surviving spouse automatically becomes the owner of the property. All that the surviving spouse needs to do, is file an “affidavit of surviving tenant by the entirety” with the county clerk. Attach a certified copy of the decedent’s death certificate to this “affidavit of surviving tenant by the entirety.” Then, the surviving spouse is the sole owner of the home.  
(Of course, if the language “joint tenancy” or “right of survivorship” or “tenancy by the entirety” is in the deed, and all of the owners are now deceased, you will have to go to probate court to get the home out of the name of the deceased persons.) 
If the language “joint tenancy” or “right of survivorship” or “tenancy by the entirety” are not in the deed, then, the decedent and the survivor owned the property as “tenants in common.” In this case, after the decedent dies, the following are true: 
1. The survivor still owns a partial interest in the property. 
2. The decedent also still owns a partial interest in the property, and you will have to go to probate court to get the decedent’s interest out of the name of the decedent. If the decedent had a will, the probate court will transfer the decedent’s interest to whomever the decedent named in his will. If the decedent died without a will, the probate court will transfer the decedent’s interest to the decedent’s next of kin, according to the Oklahoma Intestate Succession Law. Click here to see the Oklahoma Intestate Succession Law. 
 
To see the Oklahoma Intestate Succession Law, click here: 
 
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029

Kyle Persaud · Answer

And here is part 2 of my answer: 
 
• Does the deed transfer the home to a trust, partnership, or corporation? 
This often happens. Suppose that your father, John Doe, owned the property, but, in the deed, the property was actually in the name of the “John Doe Revocable Trust.” Or, suppose that the property was actually in the name of a partnership or corporation in which John Doe had an interest. 
In this case, after John Doe dies, the property is still in the name of the trust, partnership, or corporation. Find the documents of the trust, partnership, or corporation. Documents of trusts, partnerships, and corporations are not required to be made public, so you may not be able to find these documents on file with a public body. Family members, or others with an interest in the corporation, may have these documents. Look at the documents and see who are the beneficiaries of the trust, or who are the successors in interest of the partnership or corporation. These beneficiaries, or successors in interest, now have a controlling interest in the home. 
Some of these steps are complicated, and you may need a lawyer to help you in this matter.

Q: How can a family caregiver get the right to occupy a deceased mother's home