Q: My grandfather died in 1988 in OK. A probate was initiated but never finalized. Is there a remedy?
My Grandfather left a will. The probated was hotly contested but then never finalized. The person (my uncle who was cut out of the will) who contested and pretty much subsumed the estate has now died. A year before his death he informed my father he had never finalized the probate of their father and pretty much just took all of the land and money. His estate is now being probated. Is there an argument for unjust enrichment against the brother’s estate from the enrichment of the not finalized probate of their father where the last filing was made in 1992 and no final order was ever issued?
A: An attorney would have to review the entire probate and any other related transactions to see if there were any cause of action. Unjust enrichment is an equitable action and subject to equitable defenses such as laches. Unjust enrichment is an action that is highly dependent on the the facts and actions of the parties. You should consult with an attorney to see what if anything can be done for your situation.
Anna L Self agrees with this answer
A: I think the answer depends on the circumstances surrounding the probate that was never finalized. It is odd that your uncle was cut out of the will and contested it but was also the Executor. Your father could have objected at the time and the Court would have forced the probate to be finalized. A review of the probate documents would need to be done. Also, if the probate was never finalized how could the uncle have the land? The land should still be in your grandfathers name. You need to have an attorney review the documents.
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