Dallas, TX asked in Estate Planning for Oklahoma

Q: Inheritance taken by stepmom

My grandfather passed his estate to my father, an only child. The estate was supposed to pass to me and my half-brother. My step-mother had my father sign documents transferring all of the estate to her alone. He had been diagnosed with alzheimers a year earlier. My brother and I got absolutely nothing. Her son lives with her and they are blowing through my family's lifetime of hard work.

Related Topics:
2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN

A: You might have grounds to challenge the lifetime transfers or your father's will (unclear which applies) due to lack of capacity. However, you must act quickly due to statutes of limitations and also practical considerations (if you wait to long it might all be gone). You are looking for a will contest attorney.

James Tack Jr agrees with this answer

James Tack Jr
James Tack Jr
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: It's not clear what type of papers were signed. You should take whatever documents you have and conslt a probate attorney. As suggested, you may have a claim of incapacity on your father's part for whatever papers he signed.

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.