Morris, OK asked in Family Law for Oklahoma

Q: I want half of my dead fathers estate

Father died 3 years ago and left no will his only legal heirs are me and my younger brother; said younger brother decided to make himself executor of the estate. He went to court over the property and won; a quit claim deed was signed over to him and him alone. Is it possible to get half of our fathers estate since I am his legal biological child as well? or is it impossible since the quit claim deed has already been signed over to him?

Related Topics:
1 Lawyer Answer
Anna L Self
Anna L Self
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: You would need to talk to a probate attorney and have them review the court documents that you have. You state that "he went to court and won". If the judge already decided that all of the property should go to your brother it may be too late. However, that makes no sense. If a probate was filed and there was no will, I don't see the Judge awarding the property to your brother and not to both of you. Who signed the quit claim deed? If your Dad signed the quit claim deed before he passed then no probate would be necessary. Not enough information - call a probate attorney.

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.