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Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More 
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answered on Jun 26, 2024
This situation involves complex legal issues related to trusts, power of attorney, and potential financial exploitation. Based on the information provided, here are some key points to consider:
1. Power of Attorney (POA) vs. Successor Trustee: These are typically separate roles with... View More
Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More
answered on Jun 24, 2024
The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.
The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal... View More
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?
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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
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?
answered on May 31, 2024
Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would... View More
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
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
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
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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
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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
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
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.
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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
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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
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
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
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
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
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 13, 2023
She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... 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
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.
Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?
answered on Dec 24, 2022
If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... View More
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