Asked in Real Estate Law, Elder Law and Probate for Oklahoma

Q: I live in my parents 2nd home in Oklahoma and am inheriting it eventually. Mom died 2019. Dad is 88.

My dad lives in Texas with my sister, her daughter and granddaughter. They have robbed him blind and I was called by Edward D Jones rep and told that they were using his money fast. I reported to APS. I was informed they already had open case and saw several problems. So my sister and her family have blocked my calls and alienated me from dad. We were in F4 tornado here last Nov 4. Our roof is metal and two days ago we had a 24 hour HARD rain which has now started a leak in the kitchen. I can’t reach dad. My insurance is in my dad and moms name but not mine even though I pay it. Every house on our circle has or is getting a roof. I’ve lived here 25 years and some time back had a refund on insurance I overpayed. My sister kept it. I’m afraid she will do the same if I do need new roof. I don’t know what to do as I am blocked from him. Should I tell APS or go ahead and have insurance look? My mom needs removed from my deed and all. Sister has not done anything she should

1 Lawyer Answer

A: Road trip.

It is definitely time for you to come visit your dad.

There are clearly several matters which need to be addressed.

1. If your mom is dead, you need to make certain her estate has been properly probated in the county where she was living when she died.

2. Since the house you are living in is in Oklahoma, you need to transfer title out of your mom’s name. She’s dead and cannot own property. You may, but probably don’t, need an ancillary probate administration in Oklahoma.

3. The home insurance can’t be in the name of a dead person. You need a copy of the policy and a meeting with the insurance agent to correct the information promptly. You do not want anyone in the future complaining about insurance fraud.

4. You need firm documentation that the house where you are living will become your house when your dad dies. A transfer death deed is likely the best method.

5. Since you are living there, you could probably use a limited power of attorney to address anything associated with that house such as repairs, maintenance, and utility service.

6. It would help if you can address your rift with your sister.

1 user found this answer helpful

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