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Not sure if there is a will or not. My sister was making house payments with moms money, mom died last month and she hasn't made the house payment. What can I do to prevent losing the house for non payment with her living in it?
answered on Jun 7, 2021
You can make the mortgage payment yourself - the mortgage company won't care who makes the payment as long as it is paid. You should get a probate on file so the PR will have the authority to discuss the mortgage with the mortgage company. Through the probate you can get the house sold and... View More 
One of two siblings dies…are the children of the sibling that died entitled to their father’s portion of his father’s (their grandfather) estate?
answered on Jun 3, 2021
I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... View More
I am beneficiary of two money market accounts and on his checking accounts. He had a woman living at his home who had undue influence on him. He was elderly and felt sorry for her. He had lawyer draw up a Transfer Upon Death to turn over his house to this woman upon his death. He died April... View More
answered on May 10, 2021
Sorry for the loss of your friend. The transfer on death deed must be acceped by the beneficiary by filing an affidavit within 9 months of the date of death. If that is not done, the real property becomes property of the Estate. If that is the case, the estate would have to be probated for good... View More
I have helped him for 6-7 years on his farm without pay. He purchased these item for me. Said they were mine. He passed away suddenly from covid. I'm in his will due to my dad being deceased. Im to inherited 1/4 of his estate. Now the aunt has add these item to the probate. I also have alot... View More
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answered on May 1, 2021
If you can PROVE that your grandfather gave these things to you during his lifetime, a probate attorney can help you get them removed from the probate inventory and transferred to you.
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answered on Apr 30, 2021
There are a lot of missing facts here but if you can PROVE that your grandfather gave those to you during his lifetime then you Should hire an attorney to help you get it off the probate inventory.
answered on Apr 29, 2021
This is an issue of getting the decree indexed against the land not a fatal defect in the decree. Attach the decree to an affidavit with the legal.
Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?
answered on Apr 27, 2021
You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... View More
All children of my parents are dead I’m the only living child, do I get the house if no will or do I have to split it with nieces and nephews?
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answered on Apr 24, 2021
There are too many facts missing from your recitation of them to answer your question. How is the house titled? In what order did the parents die? How far apart were their deaths? How long after that did your brother die? Did he have any children? Do you have any other siblings? Did either of... View More
The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My... View More
answered on Apr 19, 2021
Have your Mom contact a will/estate lawyer and have a will drawn up for her which provides her intent on what she wants to do with her estate, including the house, upon her passing.
answered on Apr 15, 2021
The form depends upon the nature of the assets. It may be an assignment. if it is an interest in real property, there should also be a deed. The attorney handling the probate case should be able to help you with the appropriate form.
answered on Apr 14, 2021
Yes, but the interest you are giving is still subject to the probate process.
He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... View More
answered on Apr 7, 2021
It's likely that this is something going on in his father's estate proceeding. There are a number of reasons that the property is being sold. He should hire an attorney to find out what is going on and to protect his interest.
I am hoping there is a statute of limitations, otherwise, does a probate ever end or is an estate ever really settled if a will can pop up out of nowhere during the life expectancy of the heirs at law for the next 20 - 50 years. Heirs at law spent 1 year probating the estate as intestate and now... View More
answered on Feb 24, 2021
There is no time limitation on when a will may be admitted to probate. There is no statute specifically related to nurses that I am aware of. There is a general statute concerning wills obtained under duress, fraud, or undue influence. It is difficult from your description to determine what the... View More
my late husband (i guess this term wont hold weight if common law is not recognized in oklahoma) passed 10/10/20. he has no children, no will. his estranged brother is trying to kick me out of house ive shared w over 2yrs. i pay bills. house is worth about 45k. i heard he has been granted head of... View More
answered on Feb 11, 2021
Yes non-ceremonial marriage is still a valid marriage in oklahoma. You will need an attorney to prove your claim since his brother is clearing out things.
There is case law where a regular ceremonial wife was removed from an estate because the husband had never divorced the non-ceremonial... View More
I live in Oklahoma county, oklahoma. I was reading about your personal representative deed. my estranged sister sold my late mothers house without my knowledge or acceptance. I looked up the deed online and it lists a personal representative deed. how is this possible that she was able to sell my... View More
answered on Feb 11, 2021
Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... View More
answered on Feb 2, 2021
I am sorry for your loss. If the land was titled in his name only, you will have to go through probate. If it was titled in his and your name as joint tenants, you can file an affidavit of termination of joint tenancy (or go through probate if there are other reasons to have his estate probated).... View More
answered on Jan 26, 2021
Sorry for your loss. There is not enough information to fully answer your question. The answer depends upon who died when and who were their heirs. Generally, upon the death of your father-in-law, his property would go to his heirs. That would include his spouse, if any, any living children or... View More
I have found mineral interest through unclaimed property in Oklahoma. I am the last living relative of his. Would I be entitled to the mineral interest
answered on Jan 25, 2021
You would be entitled to it if you can show you are the only heir or the only devisee (person who takes under a will) of your gandfather. In order to get marketable title now, granddad's probate would have to be finished with a decree that shows who gets the property, presumably your... View More
It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean
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answered on Jan 24, 2021
It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... View More
My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would... View More
answered on Jan 22, 2021
I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and... View More
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