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... Read more »
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.
The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you...Read more »
Father no will. I have been living on property for 10 yrs. No child with stepmother, 3 children from marriage to our mother. My dads new wife let us kids come to the farm for 3 HR. & get personal items she had set out for us. My sister had charge over his medical decisions & funeral if he... Read more »
If a probate has not been commenced, you should initiate probate proceedings in the County where your father lived. If one has already been initiated, you should hire an attorney to protect your rights. You must have a probate for good title to be passed on Oklahoma real estate. In the probate,...Read 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... Read more »
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...Read 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... Read more »
Without the assistance of a competent attorney then you could be waiting a long time for any recovery from your mothers estate. I am not saying just give up, but you will need wise counsel in resolving your issue.
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...Read more »
You would need to research the land records covering the land, which are found in the county clerk's office of the county where the lands are located. Oil and gas titles can be very complicated. You could hire an oil and gas attorney or an oil and gas landman to do the search.
The grandparents are taking things from the house and they say the house is theirs just because they have the deed (that isn't in their name). My boyfriend just turned 18 and has no idea what to do or who to talk to. Also the property value is under 50,000
If mom died single (unmarried), the grandparents most likely have no right to the property they are taking. Your boyfriend and his siblings, if any, would be the mom's heirs but the grandparents would not. Taking possession of a deed that has been recorded in the land records would not...Read more »
Do I have any legitimate claim if it had been the understanding by all parties ? Sister has POA and mother is alive and we’re both aware of his wishes.but denying my receipt of the asset. What recourse do I have .
In a very vague answer, anything that is not specified in the will goes to the estate for distribution. If the RV is not listed anywhere, then the RV would pass to your mother as the surviving spouse due to it being marital property. There are always exceptions to the general rules and you should...Read more »
At 80, I am in the process donating several hundred American and European prints and a like number of Japanese woodblock prints, ranging in value from $100 to $12,000 each. Most are classified as "promised gifts" and are with the intended recipient, a 501(c) (3) tax-exempt, fully... Read more »
There is an appraisal requirement for all gifts in excess of $5000. That applies to where you give similar items of property where the total value is above $5,000. Six $1,000 items donated would reqire an appraisal. If you haven't already, you will want to contact the fine art museum to make...Read more »
I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by...Read more »
No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?
I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the...Read more »
My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »
I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would...Read more »
Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.
Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate...Read more »
Dad died and his financial planner hands to my stepmother a stock certificate that is still in my paternal grandmothers name. My father had set up a trust and began Funding it - he did not name a beneficiary. She and I learned this together at the office of his planner. My stepmother then says he... Read more »
If the stock remains in the grandmother's name then the stock would be subject to the administration of her estate, not your father's. That being said, if her estate leaves the property to your father, then his estate would come into play. You would need to investigate the administration...Read more »
94 year old father wants to quitclaim deed his house to his 3 children to avoid probate. His hands don't work anymore and so his son has power of atty so he can sign for his dad. Can the son sign the quitclaim for his dad if the son is listed as one of the buyers? Do the children have to pay... Read more »
That transaction might not be the best if the property has increased in value. By using a "Transfer on Death Deed" the father will obtain his objective of transferring the home to children outside of probate. Also, if he will need a nursing home but cannot afford it, the transaction...Read more »
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