Asked in Probate for Oklahoma

Q: My aunt died this last August widow no children.

She started suffering from dementia several years ago. She left her entire estate to her caregiver.Do I have any recourse? I don't know if she had a will, if so would it be valid? Can a caregiver be a beneficiary in this instance? Thank you in advance

Sincerely, Julie Rushing

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1 Lawyer Answer
Brian Boeheim
Brian Boeheim
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: More information is needed to give a full analysis, but here are a few thoughts to get you started.

The only way she could have left her estate to the caregiver would be through a will, a trust, or as a beneficiary of insurance or bank accounts. With that said, there still needed to be some sort of probate action for these things to be transferred to the caregiver. If your aunt was suffering from dementia and that was the purpose of the caregiver, you definitely have some grounds to challenge any will in probate. If this is int he greater Tulsa area, give use a call at 918-884-7791 for a free consultation.

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