Joplin, MO asked in Estate Planning and Probate for Oklahoma

Q: Can the executor sign everything over to one child?

My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.

Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on the property.

We have been the ones taking care of it and paying taxes. Do we have to split the assets amongst all of the now adult children? Can i not just get it in my name simce im the only one still living here? Im in oklahoma

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1 Lawyer Answer
Ilana Sharpe
Ilana Sharpe
  • Estate Planning Lawyer
  • Oklahoma City
  • Licensed in Oklahoma

A: I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by "joint industry" of husband and wife during their marriage and an equal part of the non joint industry property split equally with all of his children. Considering this probate has been ongoing for 19 years I would suspect there are bigger issues at play. You should contact a local attorney to discuss further.

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