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Oklahoma Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Where can I find the forms needed to file for Oklahoma probate?
Richard Winblad
Richard Winblad answered on Jan 22, 2020

Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Step grand father past some of his estate is designated some is not we have distributed the designated. What do we do

With the bal estate value under 50k. We know and have his wishes wrote down from him but nothing legal

Doak Willis
Doak Willis answered on Jan 9, 2020

If the balance is real estate, a probate must be filed. If the balance is just personal property or money then if all heirs agree to the split, split it evenly.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I'm a trustee and durable poa of my aunt's trust it's a revokable trust she wants her house to go into a irrevocable

She's become in capicated can I do this for her

Nina Whitehurst
Nina Whitehurst answered on Dec 18, 2019

It makes perfect sense what she wants to do, but whether you can arrange it depends on the wording of the POA. In some states, this would be considered a "gift" and gifting authority has to be specifically stated in the POA. Use the "Find a Lawyer" button above to find an estate planning or elder... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: My mother passed 10 months ago with no will. Her name is the only name on the title. My father still lives in the house

and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?

S. Douglas Elliott
S. Douglas Elliott answered on Nov 11, 2019

A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.

2 Answers | Asked in Estate Planning for Oklahoma on
Q: If you are mentioned in a will, can you obtain a copy of the will?

My brother named my sister-in-law as executor of his will. Before he died, I read his will. My sister-in-law and I have had a falling out. She has not sent me a copy of the will and now is saying things different than what was in the will I saw.

Nina Whitehurst
Nina Whitehurst answered on Oct 29, 2019

When she lodges the will with the probate court to commence the probate of your brother's estate, you can obtain a copy of the will from the court. It will be public record at that time.

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1 Answer | Asked in Family Law, Estate Planning and Probate for Oklahoma on
Q: My father passed away with no will, but he has a wife. He had his own business, and all bank accounts were separate from

His wife. She owned her house already going into the marriage. It's only been a week but she's already talking about selling his guns and working to access his bank accounts. Do I wait for this to enter probate or should I hire a lawyer to prevent her from selling his items and attempting to drain... Read more »

Brian Boeheim
Brian Boeheim answered on Oct 13, 2019

I would hire an attorney to file probate on your behalf to insure she doesn't liquidate personal property. The key will be who he placed as his beneficiaries on the bank accounts. If the accounts were held separate and were not co-mingled, you may have a valid claim.

If we can help,...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: What can I do about a lawyer that will not give me an update on my Mother's estate?

I have been to his office 5-6 times over the last 2-3 months trying to get this information. The admin keeps saying they will call me, but they do not.

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

Fire him and hire a different lawyer.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: In Oklahoma, if you have a revocable trust, do you have to file the will in District Court?

My father passed away this last August and he and my mother have a revocable trust naming each other as Trustees and everything going to the surving spouse. We want to make sure we are doing everything legally and are wondering if you have to file the will with the District Court if they had a... Read more »

Richard Winblad
Richard Winblad answered on Sep 12, 2019

Probably not unless the didn’t transfer property into the trust.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Intellectual Property for Oklahoma on
Q: Grantee filed fraudulent deed, when grantor was deceased & allotment was restricted under indian law, what can be done?
Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2019

And attorney can help you file an action to quiet title.

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Oklahoma on
Q: grandmother died in 1902, prior to receiving patent deed, with no will. received heirs deed, can i file probate?
Richard Winblad
Richard Winblad answered on Aug 15, 2019

Generally, yes, a probate can be filed irregardless of how long somebody has been deceased. The question is whether such a probate would fix the title issue you have.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Will an irrevocable trust protect a house from the owner's credit card debts?

My grandmother has an irrevocable trust, she is the Trustor and Primary Beneficiary. My mother is the Trustee. My grandmother has over 50k in credit card debt. My mother is an authorized user on some of the credit cards but she is not a co-signer or co-owner of any of them. When they created the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 8, 2019

There is no way to answer your question without reviewing the trust and also investigating other facts, like what her balance sheet looked like when the trust was created. Your best bet is to invest in a consultation with an experienced probate attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My dad passed away in March 26th 2019. My dad was married to his 2nd wife for 30+yrs. He had a will.

We were not notified until after his death. How can we obtain a copy of the will. He lived in Haskell Oklahoma.

Can we also contest the will?

Doak Willis
Doak Willis answered on Jul 23, 2019

You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My father passed away. He had a will and I am the execator . The will just states to divided everything equal among my

among my two sisters and me. How long do I wait to divide to see if any bills come in. He didn't owe anything. Didn't have much

Hans Otto Lehr
Hans Otto Lehr answered on Jul 12, 2019

If he has an actual will, not a trust, you'll need to file a probate action and present the will to probate Judge to get an order from the Court to divide up the assets. Having an attorney to help you will ensure this is done as quickly and efficiently as possible. However, there will be... Read more »

2 Answers | Asked in Estate Planning for Oklahoma on
Q: Is it legal for my mother to write her own will as long as it is witnessed and notarized?

She owns her own home, is a widow, has a car and a 401. No bills to speak of other than utilities. Credit cards paid off monthly.

Richard Winblad
Richard Winblad answered on Jul 12, 2019

Absolutely, but it is extremely easy to create an invalid Will. A 401k will be disbursed according to the beneficiary designation even if the wheels leave it to somebody else.

She should also consider probate avoidance techniques such as trusts, Transfer on death designation’s etc....
Read more »

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4 Answers | Asked in Estate Planning, Tax Law and Probate for Oklahoma on
Q: My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?

I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »

Richard Winblad
Richard Winblad answered on Jul 8, 2019

Sorry for your headaches.

I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,...
Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning, Patents (Intellectual Property) and Probate for Oklahoma on
Q: Mother died in 2008 no will daughter been paying taxes on land acreage a14 years how do I get it in my name
Richard Winblad
Richard Winblad answered on Jul 8, 2019

If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Woman has oil interest in OK. Died 1965. Intestate. 1 son/heir. No rec of convey but 1 1976 OGL in his name. Same legal.

Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash bonuses & royalties in... Read more »

Richard Winblad
Richard Winblad answered on Jul 3, 2019

This is hard to say without reviewing the records and the Will.

Was the Will actually probated? Some wills are invalid for various reasons.

However, it is likely that 3rd wife's heirs at law would be entitled to the interests.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I married a man with adult children. We bought a home since. If he passes can they take the home from me?

All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.

Richard Winblad
Richard Winblad answered on May 20, 2019

A couple of things. Under Oklahoma law for property located here.

If deed named you and your husband as Joint tenants with right of survivorship then the property will belong entirely to you (subject to the mortgage) by filing an affidavit of surviving joint-tenant with his death...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file it... Read more »

Kyle Persaud
Kyle Persaud answered on Apr 5, 2019

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your deceased...
Read more »

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