Dallas, TX asked in Estate Planning, Family Law and Probate for Oklahoma

Q: My father passed away in 2020. My stepmother remained in his house per his wishes.

It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not licensed in OK), but if it is, then the administrator is the plaintiff.

Timothy Carignan
Timothy Carignan
Answered
  • Estate Planning Lawyer
  • Norman, OK
  • Licensed in Oklahoma

A: Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would be able to dispose of it as she wished. It would be best to present all your evidence to a lawyer to determine what your rights are in this case.

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