Tulsa, OK asked in Real Estate Law and Probate for Oklahoma

Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This land is between 2 siblings and mother. ITis family land since 1956. Leflore County.

Related Topics:
1 Lawyer Answer
James Tack Jr
James Tack Jr
  • Probate Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless limited by an antenuptial marriage contract, the wife receives a part of the property. How much she gets depends on how the property was acquired and whose children the surviving kids are. You do not provide enough information to answer your question. The heirs and owners of the property are determined in the probate of his estate. If there was a probate, you should obtain a copy of the Final Decree. If the probate is still pending, you should contact the attorney handling the probate, or consult with your own attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.