Oklahoma City, OK asked in Estate Planning and Probate for Oklahoma

Q: Sister petitioned ok court to be appointed administrator of estate saying there is no other living heirs! Is that legal

My father recently passed away and he had no will. The 2 surviving heirs would be me and my sister as he was not married and parents are deceased. She petitioned courts and left me out as a heir saying she was his only heir. Is this legal & what can I do? I just found out about this accidently as someone read a newspaper clip announcing probate of his estate. I am a biological son who was adopted early on but met my father and had him in my life and my children's life. He actually wasn't very close to my sister as she had stolen and used him but she and I are his only 2 children. Court is Monday I was told about this Friday. Do I file something or just show up to court. It's in Custer County oklahoma

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2 Lawyer Answers
Madelaine Hawkins
Madelaine Hawkins
Answered
  • Estate Planning Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: I'm sorry for your loss. You, as an heir of your father, have a right to part of his estate if he died without a will. Even if you were adopted later on, you are still his biological son and his heir. As an heir you should have received notice of the hearing. However, sometimes notice of a hearing is given by publication (in the newspaper) if it cannot be determined where an heir is located. I'm not sure what type of hearing is on Monday but you should appear and explain to the Judge that you are an heir of your father. The Judge will determine how to proceed. However, you will most likely need an attorney to help you. Good luck!

James Tack Jr agrees with this answer

1 user found this answer helpful

James Tack Jr
James Tack Jr
Answered
  • Probate Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Ms. Hawkins answer is correct. You may also be entitled to be administrator. Given the actions of your sister, you should seek the advice of an attorney.

1 user found this answer helpful

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