Durant, OK asked in Probate for Oklahoma

Q: When a will is filed and goes into probate, can the executor of that will burn papers, drive vehicles of the deceased et

My grandparents/parents were in an accident, and both deceased. They had one living, biological child. My sister and I are also heirs. We can't afford a lawyer, and my grandpa was always the one who I spoke with about things like this. The biological daughter is the executor, because I couldn't find the new will he told me about. A few days after the funeral, I called my deceased grandparents home, where she is now staying, and she told me she was burning papers. I also know she is driving their vehicles around, and spending money like crazy. She has numerous money judgements against her already for taking out loans and not paying them back. I know because she uses me as a reference, so they call. She doesn't keep us informed about anything. She stole one of their checkbooks the day of the accident, and I had to call and freeze the accounts because she went and tried to get money. We go to court for the first time next month. Any information would be greatly appreciated. Thanks

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2 Lawyer Answers
Brian Boeheim
Brian Boeheim
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: This is a complex set of issues. You need an attorney to argue the executor (daughter) is not reliable and has/will exploit the estates assets for their own gain. The question is who can the court appoint as the executor instead. As I said at the outset, this is a complex argument, and you need an attorney.

Richard Winblad agrees with this answer

1 user found this answer helpful

Richard Winblad
PREMIUM
Richard Winblad
Answered
  • Probate Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: A sim-behaving executor can be removed regardless of whether he or she was nominated in the Will or has priority. You should retain an attorney in the county or an adjoining county where the probate is happening.

Matt Fleischer agrees with this answer

1 user found this answer helpful

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