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Oklahoma Estate Planning Questions & Answers
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 »

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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.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does the estate administrator have to inform the Judge of an on going embezzlement and prosecute the case?
Matt Fleischer
Matt Fleischer answered on Aug 5, 2020

Yes. The estate administrator has a duty to protect the estate's assets from things like embezzlement. If he fails to do so, he may be held personally liable in certain circumstances.

2 Answers | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Does my spouse have to sign a warranty deed in OK for land that was inherited?

My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... Read more »

Richard Winblad
Richard Winblad answered on Jul 9, 2020

Great question:

The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right...
Read more »

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Any way to distribute estate assets via trust or will incrementally over time as opposed to a lump sum distribution?

I have two children who aren't very financially savvy so I'm reluctant to drop a fairly large sum of cash on them at one time. I would like to set up an investment account and pay some out over a 10 year period with a full liquidation and distribution at the end of the 10 years.

Matt Fleischer
Matt Fleischer answered on Jul 5, 2020

Absolutely. This is one of the major benefits of a trust. It allows you to control your assets even after death. You can set it up to pay out however you’d like.

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: What are my rights on my family property, my dad passed suddenly from heart failure. No will.

The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »

Matt Fleischer
Matt Fleischer answered on Jun 9, 2020

If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: I have a question about getting a copy of my parents will when my brother will not let me see it.

My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a... Read more »

Richard Winblad
Richard Winblad answered on Jun 3, 2020

This might help:

Title 58. Probate Procedure

Chapter 2 - Probate of Wills

General Provisions

Section 24 - Production of Will May be Compelled by the Court

Cite as: O.S. §, __ __

If it be alleged in the petition that the will is in the possession of a...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Is there a way I can get the deed in my name while the house is in probate?

My grandmother passed away last year. I am the beneficiary as stated in her will and my mother is executor. Her house in currently in probate. I’m needing to get the deed in my name to take out a mortgage to pay her debts. How can I do that?

Matt Fleischer
Matt Fleischer answered on May 14, 2020

Generally speaking, the answer is no. The executor is responsible for inventorying your grandmother's assets and liabilities, notifying and paying creditors, and then distributing any remaining assets to the rightful heirs. If the house needs to be mortgaged or sold to pay your... Read more »

2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?

My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »

Matt Fleischer
Matt Fleischer answered on May 5, 2020

Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can I leave house and cars by transfer on death deeds to my 14 year old daughter w/o court involved. Do I need trustees

My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »

Matt Fleischer
Matt Fleischer answered on Apr 8, 2020

Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: Grandmother died almost 7 years ago, and my aunt won’t read the will.

My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now?... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 11, 2020

You make the will appear by hiring a probate attorney to help you file a petition to probate the will and to have your self appointed as executor. Once you are appointed, or maybe before then, you will have the power of the court to compel your aunt to produce the will.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Duties as a Trust Admin/Exec. I am TA/E for a terminally ill lady. Her trust leaves some funds to an heir.

The heir was a defendant in a series of civil suits, losing all of them and having judgments levied against her by the courts. Would it be illegal to contact the plaintiffs who were awarded the damages that there will be money allocated to the heir upon the death of the lady?

Richard Winblad
Richard Winblad answered on Mar 3, 2020

Seek advice of an attorney. Your pan of action may be contrary to the terms of the trust. If you breach a fiduciary duty you might become liable to the heir.

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My mother died almost 2 years ago she had transfer upon death deed naming me the only child as her benafiary..How do I

How do I put the house in my name

Chaille Walraven
Chaille Walraven answered on Feb 21, 2020

If your mother executed a deed in conformance with the Non-Testamentary Transfer of Property Act (commonly referred to as a Transfer on Death Deed) naming you as the beneficiary, you are required to record an affidavit of acceptance within 9 months from the date of your mother's death. If an... Read more »

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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.

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