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Oklahoma Estate Planning Questions & Answers
1 Answer | Asked in Family Law and Estate Planning for Oklahoma on
Q: Can power of attorney be revoked if person was not of sound mind at the time?

My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... Read more »

Charles Watts
Charles Watts answered on May 9, 2022

There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oklahoma on
Q: If my mothers non biological father dies with a will, with her being a half sibling is she entitled to any inheritances?

My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?

Charles Watts
Charles Watts answered on May 6, 2022

Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... Read more »

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1 Answer | Asked in Insurance Bad Faith, Estate Planning, Family Law and Probate for Oklahoma on
Q: How can I find out about my life insurance policy through Massachusetts Indemnity and Life Insurance Company?

My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 9, 2022

If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My Mom died in 1/3/18 an Oklahoma resident. We cant afford to hire a lawyer. How can we settle this estate legally?

Mom has a will. We were told we had to pay a lawyer to file. Can we do this without the lawyer ? The land & home is just sitting there

Charles Watts
Charles Watts answered on Mar 4, 2022

You can file without a lawyer. Oklahoma allows pro se representation. It just isn’t advisable due to potential issues with creditors and publication and the like. Best of luck to you.

3 Answers | Asked in Estate Planning for Oklahoma on
Q: My dad lives in Arlington Texas. He and my mom are joint owners of my home in Oklahoma. My mother passed away 2019.

They are still listed as joint owners of my home. Daddy wants to get their names off my home and put me on it. Or at least take moms name off and add me. My dad has it willed to me but I need it in my name to get homeowners insurance and homestead on my taxes. How’s the easiest way to remove my... Read more »

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Feb 9, 2022

I’m sorry for the loss of your mother.

If the ownership of your home is as joint tenants, not as tenants in common, with rights of survivorship, your dad needs to file an Affidavit of Surviving Joint Tenant to get your mom’s name off of the title. He can then file a quit claim deed to...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: How long is a Letter of Testamentary valid? Do they expire?
Roberto Luis Seda
Roberto Luis Seda answered on Feb 20, 2022

Letters Testamentary are valid until revoked or the probate is concluded and the executor is discharged.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Who files probate? Do we need to wait on him to do this before we figure out what to do with her stuff? Who pays bills?

We need to clear her house out sooner rather than later.

Roberto Luis Seda
Roberto Luis Seda answered on Feb 6, 2022

In Oklahoma, anyone can initiate a probate. However, the statutes to provide priority to certain individuals if the decedent died intestate. If the person died with a will, then it needs to be probated and the will usually names somene to act as executor.

Anyone paying bills on behalf of...
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1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Next of Kin laws/probate

My aunt was adopted by my biological grandfather before I was even born. We never believed less than blood relation. In her passing, she has family disputing my relationship; "step" is what they're saying. She may have had a will, but that family has taken several documents from her... Read more »

Charles Watts
Charles Watts answered on Dec 30, 2021

You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Relatives did a memorandum of trust on a property after death the property was not in the trust or accounted for

What does that mean

James Tack Jr
James Tack Jr answered on Nov 29, 2021

If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... Read more »

1 Answer | Asked in Estate Planning, Family Law, Communications Law and Probate for Oklahoma on
Q: Yes my husband's aunt died in New Mexico and her partner not married has will. Does he have the right to ask for a copy

He is the next living relative and had to send information and initials to funeral home because funeral home wouldn't let partner do it even with will stating so.

Anna L Self
Anna L Self answered on Nov 15, 2021

In Oklahoma he would not be required to provide a copy of the will but since she died (I am assuming she lived there) in New Mexico you should post in the New Mexico group.

In Oklahoma, if your husband was an heir pursuant to the will he would be given written notice when the will was...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »

Charles Watts
Charles Watts answered on Nov 11, 2021

You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... Read more »

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Can you get a ladybird deed in oklahoma?

Purchasing land from daughter in agreement it goes back to her when I die or go to nursing home

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Oct 23, 2021

They’re not called ladybird deeds here, but we do have something similar. It would be wise to talk to an elder law attorney in your area to go over the rules for owning property and Medicaid in your state if you think you may need help paying for nursing home care eventually. There are a lot of... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
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... Read more »

Madelaine Hawkins
Madelaine Hawkins answered on Oct 3, 2021

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... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: If a land owner gave me permission to remove a car from his property can the owner file charges on me

My father passed away in January and left my brother as executor of a trust. He got greedy and kept everything except an old classic car my father was storing in his friends garage. It’s been almost 8 months and the friend told me if my brother didn’t come get the car to just take it. Now my... Read more »

Anna L Self
Anna L Self answered on Aug 31, 2021

You stated that your brother "got greedy" and kept everything. Do you have reason to believe that the trust states that you get property? If so, you should contact an attorney to file a petition with the court to review the trust to determine if the property is supposed to go to your... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My step father is trying to force me out of my mother's home, he signed a quit claim deed in a divorce/set a side.

They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »

Anna L Self
Anna L Self answered on Aug 18, 2021

If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!

4 Answers | Asked in Estate Planning for Oklahoma on
Q: If someone makes a will and then lists someone else as POD of their bank account. What happens? Who would the money go?
Anna L Self
Anna L Self answered on Aug 9, 2021

It would go to the person listed as POD unless they predeceased the account holder. POD controls over the will if beneficiary of the account (POD) is living.

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4 Answers | Asked in Estate Planning for Oklahoma on
Q: If someone makes a will and then lists someone else as POD of their bank account. What happens? Who would the money go?
James Tack Jr
James Tack Jr answered on Aug 9, 2021

A person's assets that have a beneficiary designation go to the person specified in the designation. Such assets include bank accounts, stock accounts, life insurance, etc. Those types of assets pass outside of the probate case if there is a proper beneficiary designation. Real estate which... Read more »

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Inheritance taken by stepmom

My grandfather passed his estate to my father, an only child. The estate was supposed to pass to me and my half-brother. My step-mother had my father sign documents transferring all of the estate to her alone. He had been diagnosed with alzheimers a year earlier. My brother and I got absolutely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

You might have grounds to challenge the lifetime transfers or your father's will (unclear which applies) due to lack of capacity. However, you must act quickly due to statutes of limitations and also practical considerations (if you wait to long it might all be gone). You are looking for a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

Anna L Self
Anna L Self answered on Jun 17, 2021

A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... Read more »

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