Dallas, TX asked in Estate Planning and Internet Law for Oklahoma

Q: I had bought land from my father but never got a deed. He passed no will 12/20. He is the title owner alone. What to do?

Father no will. I have been living on property for 10 yrs. No child with stepmother, 3 children from marriage to our mother. My dads new wife let us kids come to the farm for 3 HR. & get personal items she had set out for us. My sister had charge over his medical decisions & funeral if he passed, but no will. Stepmother is selling off all our family farm equipment & his property to her adult children. My siblings & I dont know what to do. Dad & I had worked together for years welding & we went in half's on much of our equipment. Dad & I had deal where Me & wife paid him for land we've been living on for last 10 yrs. Dad never got a chance to get the deed signed. Stepmother knows the deal & said she was going to get me the deed. Not even a week after he was gone she began selling dads RIG Welder to her daughter and tractors/ equipment to her sons. Now shes sold our dads farm & livestock, trucks to her kids land/house etc. Shes added to that title but nothing else. How can we stop her

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1 Lawyer Answer
James Tack Jr
James Tack Jr
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: If a probate has not been commenced, you should initiate probate proceedings in the County where your father lived. If one has already been initiated, you should hire an attorney to protect your rights. You must have a probate for good title to be passed on Oklahoma real estate. In the probate, you can prove up your claim to the property on which you have been paying. You can also make claim to your personal property. This is another example of a family situation where dad could have saved the family a lot of expense and turmoil by having his estate planned before he died. Best of luck in getting control of the situation.

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