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Oklahoma Probate Questions & Answers
0 Answers | Asked in Probate for Oklahoma on
Q: Can a policeman break into my home to look for papers I have to prove my inheritance?

My bro asked a cop if he'd look for my copy of the trust and to take it so he can steal my inheritance from me. I overheard the conversation and my copy of the trust is now missing. Can I do anything to the cop and my bro, or either of them.

0 Answers | Asked in Family Law, Child Custody and Probate for Oklahoma on
Q: As sole parent gave tempPOA of son 2bro, now refuses 2 return son, can I revokePOA& make son go w/me LawEnfcAsstd?

Last year I gave bro temp. guardship POA w/out court due 2 in jail & uncertainLength. Bro enrolled him in schl there & I was free aftr 3 wks& court issu dismssd. I agreed2 him stay w/bro aft 1st semestr 2 prvent hrdship of movng in schl yr. School end now& bro refuses 2 give back or... View More

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

James L. Arrasmith
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answered on Jun 22, 2024

To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2....
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2 Answers | Asked in Probate for Oklahoma on
Q: I was adopted legally by my dad my brother says I get nothing because I was adopted and not a heir

my adopted dad passed in 2008 and my mom in 2018 brother refuses to split all. The only 2 that were mentioned of getting nothing in the will was my 2 boys. My brother says I am not a heir because I was adopted by my moms husband. we all have the same mom biologically. Brother sold thier property... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

You are an heir at law of both your adopted father and your biological mother. But if your parents had a Will, heir estates pass in accordance with what each Will says.

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2 Answers | Asked in Probate for Oklahoma on
Q: I was adopted legally by my dad my brother says I get nothing because I was adopted and not a heir

my adopted dad passed in 2008 and my mom in 2018 brother refuses to split all. The only 2 that were mentioned of getting nothing in the will was my 2 boys. My brother says I am not a heir because I was adopted by my moms husband. we all have the same mom biologically. Brother sold thier property... View More

John Michael Frick
John Michael Frick
answered on Jun 19, 2024

You are an heir at law of both your adopted father and your biological mother. But if your parents had a Will, heir estates pass in accordance with what each Will says.

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: How to transfer land deed to children after death with Will, avoiding probate?

I live in Oklahoma. My mom passed away in 2019. She had a Pour over will and trust. Her home was deeded into the trust and the transfer of everything went smoothly without probate. However, after all was said and done, my brother and I realized my mom had inherited a piece of land (1 acre lot in a... View More

Timothy Carignan
Timothy Carignan
answered on Jun 18, 2024

If that piece of land was not part of the trust, then it now has to go through probate. There’s nothing else than can be done now.

2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
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?

Anthony M. Avery
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answered on May 31, 2024

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... View More

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1 Answer | Asked in Probate for Oklahoma on
Q: probated never used she by pass everything so she keep the money to herself and I get nothing. I found the Wills it said

Wills said I get 40 percent and she get the rest and it's been two years I haven't received anything.

Anthony M. Avery
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answered on May 14, 2024

Hire an OK attorney to probate the copy of the latest Will. But it is important to have some idea of the assets involved as it may not be worth it.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Dad adopted me. He and Mom die. Does that give me the right to inherit their home . No will

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

Charles Watts
Charles Watts
answered on May 8, 2024

If you are legally adopted through the courts, then you are considered a child with the same rights of a naturally born child. This does not mean you are guaranteed the house, but it does mean you potentially have a rightful share in the home. You should contact an estate/probate/family law... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My dad only had one child, me. I have two half sisters that barely had anything to do with him.

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

Anthony M. Avery
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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.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: I entered a contract for deed agreement to buy a house I put my mother's name on the contract in I need help
Tim Akpinar
Tim Akpinar
answered on Feb 11, 2024

An Oklahoma attorney could advise best, but your question remains open for a week. At this point, you could repost and add "Real Estate" as a category. The Product Liability category is more about injuries from dangerous products. But it could be difficult to get meaningful guidance on... View More

1 Answer | Asked in Probate for Oklahoma on
Q: if an application for a petition to re administrate a probate is denied does the pro se plaintiff have to sign the order

thier should be a reason and facts for the reason to deny in the order

Anthony M. Avery
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answered on Nov 9, 2023

A Judge can enter an order with or without any party's approval.

1 Answer | Asked in Estate Planning, Probate and Family Law for Oklahoma on
Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?
T. Augustus Claus
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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

1 Answer | Asked in Probate and Estate Planning for Oklahoma on
Q: Ivneed someone to explain a trust to me. My mother passed away and I'm having issues with her home.

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.

James L. Arrasmith
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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

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
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... View More

David M. Postic
David M. Postic
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

1 Answer | Asked in Probate for Oklahoma on
Q: In the state of oklahoma, if there is no named beneficiary on life insurance policy, but the deceased is married ....

(for 2 months) who gets the money?

Charles Watts
Charles Watts
answered on Apr 13, 2023

If the life insurance does not state a beneficiary would be highly unusual the way the insurance companies work, so that should be researched more. Assuming there is not one listed, then the policy would most likely pay the decedants estate and then the proceeds would go through the normal process... View More

2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

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

Randy Bryan Ligh
Randy Bryan Ligh
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....
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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: my dad committed suicide on december24,2022. im his only child,he left no will. he owned a house free and clear in ok

I live in California the property's in ok. what do I do to get property's in my name

James Tack Jr
James Tack Jr
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

1 Answer | Asked in Probate for Oklahoma on
Q: What do I legally do in order to disclaim any rightz to my son's possessions. He died without a will, was never married

Had no children and father is dead

Charles Watts
Charles Watts
answered on Mar 10, 2023

Contact a probate lawyer to assist with this because you can file a waiver/disclaimer but most people want assistance with this.

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Oklahoma on
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... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

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....
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