Lawyers, Answer Questions  & Get Points Log In
Oklahoma Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My friends brother is in prison on Utah. His father passed and left the farm in Oklahoma to him and his sister.

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 »

James Tack Jr
James Tack Jr 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.

View More Answers

1 Answer | Asked in Estate Planning for Oklahoma on
Q: So if a policy was designated in 1986 this can not be used correct?
James Tack Jr
James Tack Jr answered on Mar 3, 2021

It is not clear what your question is. What kind of policy, what is the designation, and what are you using it for?

2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

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 »

View More Answers

1 Answer | Asked in Estate Planning and Internet Law for Oklahoma on
Q: I had bought land from my father but never got a deed. He passed no will 12/20. He is the title owner alone. What to do?

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 »

James Tack Jr
James Tack Jr answered on Feb 17, 2021

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 »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: sister defrauds my share of late moms house sales (1/3 of40k) sells house without my knowledge

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 »

Charles Watts
Charles Watts 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: is common law marriage legal in okl? how can i prove common law marriage/meet parameters after death,no will, no kids

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 »

Charles Watts
Charles Watts 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...
Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Mom passed 2012. Brother trustee. Sister & me beneficiaries. Brother refuses to answer questions about trust.

I hired an attorney years ago to ask my brother about my mom's living trust.

To this day, my brother refuses to acknowledge that I'm a beneficiary and won't release funds.

My attorney said that my brother thinks he's above the law. He's a doctor. I'm... Read more »

Charles Watts
Charles Watts answered on Feb 3, 2021

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.

1 Answer | Asked in Estate Planning, Probate and Wrongful Death for Oklahoma on
Q: My dad died dec -8-2019 n i got a latter say my aunt is being special administration and wants me to sign a waiver my

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

David A. Cincotta
David A. Cincotta 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... Read more »

1 Answer | Asked in Energy, Oil and Gas, Libel & Slander and Estate Planning for Oklahoma on
Q: How do I find out if a parcel in Oklahoma had restrictive covenant, mineral rights, water and oil or gas rights attached

I am a beneficiary to a trust that possibly had roylity rights to a property to which have been subject to fraud. I am also the beneficiary residing in another State.

James Tack Jr
James Tack Jr answered on Jan 18, 2021

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.

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: I was just curious as to if a journal can be classified as a "holographic" will?

The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.

2 Answers | Asked in Estate Planning and Small Claims for Oklahoma on
Q: My boyfriend's mother died with no will, his grandparents took the deed and the death certificate. What can he do?

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

Ben F Meek III
Ben F Meek III answered on Dec 30, 2020

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 »

View More Answers

1 Answer | Asked in Contracts, Estate Planning, Antitrust and Probate for Oklahoma on
Q: Before my father passed he verbally left me an RV but never addressed in the will, now being denied by exec.

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 .

Charles Watts
Charles Watts answered on Dec 8, 2020

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 »

2 Answers | Asked in Estate Planning and Tax Law for Oklahoma on
Q: Interpreting IRS rules for assigning value to in-kind contributions with a FMV of $500 or less

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 »

James Tack Jr
James Tack Jr answered on Nov 13, 2020

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 »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can the executor sign everything over to one child?

My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.

Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on... Read more »

Ilana Sharpe
Ilana Sharpe answered on Nov 9, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Man drafts will in 2017 leaving everything in his estate to his daughters; biological, adopted & step. Marries in 2020.

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?

James Tack Jr
James Tack Jr answered on Oct 3, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can quitclaim deed signed by my father before his death be challenged by unsecured creditors?

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 »

James Tack Jr
James Tack Jr answered on Sep 24, 2020

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 »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

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.

Ilana Sharpe
Ilana Sharpe answered on Sep 21, 2020

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 »

View More Answers

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does stepmom have any right to stock certificate still in grandmas name?

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 »

Ilana Sharpe
Ilana Sharpe answered on Sep 18, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: can the person who has power of atty sign a quitclaim deed if he is also one of the "buyers"?

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 »

Richard Winblad
Richard Winblad answered on Aug 28, 2020

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 »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My spouse died and his sons girlfriend removed all of our money of his dad body and all of his other peronal belongings

Is this legal

Sheila Crumley Field
Sheila Crumley Field answered on Aug 19, 2020

No, as his spouse, you are the next of kin. Ask her to give it back, or you will file a police report. Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.