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

Q: In Oklahoma probate, can i withdraw a creditor claim? My lawyer filed & approved it, but it's not legit! Can i withdraw

My lawyer lied to me about the creditor, he said he denied it but he didn't now he's saying i have to let him sale everything, the creditor is my dads ex girlfriend, she has already sued me and the judge told her, she can't do that cause I'm still in probate court, she wants my dads racecar, but is no where on any paperwork. Can i withdrawal the creditor claim my lawyer approved and continue on? Do i need a special form to withdrawal the claim?

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1 Lawyer Answer
David M. Postic
David M. Postic
  • Estate Planning Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: If a creditor's claim is not denied within 30 days after being presented, the claim is deemed denied pursuant to 58 O.S. § 337 even if your attorney did not file an affirmative denial. However, if the claim was not affirmatively denied, the creditor can file suit on their claim until the Final Account is filed.

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