The will is typed up. Does this invalidate it here in Oklahoma
My parents have no will I am the only child that shares both parents. They passed with no will. Can I I herit the property. It's just the house bo assets
After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 8, 2024
When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More 
Hello me and My son is on the house deed my husband is not. What will happen in case I pass away before he does? Will my son totally take ownership of the house or my husband will still have a part of it even if he is not on a house deed
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
In Oklahoma, if you pass away and your name is on the house deed along with your son's, but your husband's name is not, the distribution of your interest in the house depends on how the property is titled and state law regarding spousal rights. If the property is owned as joint tenants... View More
When he bought this house he didn't want my mom anywhere on the note because he wanted to make sure my sisters had no rights to any of it. He died two years ago. My mom says she has "survivorship" but I don't know what that means. The mortgage still Comes in his name as she... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024
Hire an OK attorney to search the title and determine the estates created. Then you will know who owns the property later when certain different events occur.
I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024
Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.
living facility? My mother's rent is paid by my deceased father's pension and social security payments, with a little overage each month. I want to protect her assets if/when she needs a nursing home, there is $172,000 in her bank account after the sale of their home. She is 79 with... View More
answered on Dec 20, 2023
That is a great question and I can see that you have done some homework.
The document preparation is not overly difficult for an attorney well versed in elder law and Medicaid eligibility. But the work is in counseling, reviewing and planning. There are questions regarding if the client... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 18, 2023
In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More
She left her home to my son who's now trying to kick me out when I've been there for 22 years and I'm disabled.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
A trust is a legal entity that holds and manages assets for the benefit of specific individuals or entities, known as beneficiaries. The trust is created by a grantor (in this case, your mother) and is managed by a trustee, who is obligated to act in the best interests of the beneficiaries... View More
Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?
answered on Jul 26, 2023
Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More
answered on Jul 26, 2023
A pour-over Last Will and Testament is a document that is ancillary to and supports a Trust agreement. Think of a trust as a wagon, it only works if something is put into it. This is known a funding. When creating a trust, there is usually a document that assigns your personal property into the... View More
complaining party wants done?
answered on Jun 29, 2023
Context and details are always critical, so I think an attorney would need to first know the specific situation you are referring to in order to know whether or not there might be a duty to do, or not do something.
If you have a specific situation, contact an attorney directly (don't... View More
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... View More
answered on Jun 25, 2023
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... View More
The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More
answered on Apr 11, 2023
Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?
A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death.... View More
I live in California the property's in ok. what do I do to get property's in my name
answered on Apr 4, 2023
I am sorry for your loss. Unless the property was in joint tenancy or had a transfer of death deed filed, you will have to have an estate proceeding to pass good title to real property to either the heirs or to a purchaser of the property. Your buyer will not be able to get a title policy without... View More
I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you
answered on Mar 23, 2023
POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... View More
The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023
That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.
My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2023
If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.
I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or... View More
answered on Jan 10, 2023
Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK... View More
him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?
answered on Jan 4, 2023
To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.
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.
