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Oklahoma Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Relatives did a memorandum of trust on a property after death the property was not in the trust or accounted for

What does that mean

James Tack Jr
James Tack Jr answered on Nov 29, 2021

If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... Read more »

1 Answer | Asked in Estate Planning, Family Law, Communications Law and Probate for Oklahoma on
Q: Yes my husband's aunt died in New Mexico and her partner not married has will. Does he have the right to ask for a copy

He is the next living relative and had to send information and initials to funeral home because funeral home wouldn't let partner do it even with will stating so.

Anna L Self
Anna L Self answered on Nov 15, 2021

In Oklahoma he would not be required to provide a copy of the will but since she died (I am assuming she lived there) in New Mexico you should post in the New Mexico group.

In Oklahoma, if your husband was an heir pursuant to the will he would be given written notice when the will was...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »

Charles Watts
Charles Watts answered on Nov 11, 2021

You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... Read more »

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Can you get a ladybird deed in oklahoma?

Purchasing land from daughter in agreement it goes back to her when I die or go to nursing home

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Oct 23, 2021

They’re not called ladybird deeds here, but we do have something similar. It would be wise to talk to an elder law attorney in your area to go over the rules for owning property and Medicaid in your state if you think you may need help paying for nursing home care eventually. There are a lot of... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: Sister petitioned ok court to be appointed administrator of estate saying there is no other living heirs! Is that legal

My father recently passed away and he had no will. The 2 surviving heirs would be me and my sister as he was not married and parents are deceased. She petitioned courts and left me out as a heir saying she was his only heir. Is this legal & what can I do? I just found out about this accidently... Read more »

Madelaine Hawkins
Madelaine Hawkins answered on Oct 3, 2021

I'm sorry for your loss. You, as an heir of your father, have a right to part of his estate if he died without a will. Even if you were adopted later on, you are still his biological son and his heir. As an heir you should have received notice of the hearing. However, sometimes notice of a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: If a land owner gave me permission to remove a car from his property can the owner file charges on me

My father passed away in January and left my brother as executor of a trust. He got greedy and kept everything except an old classic car my father was storing in his friends garage. It’s been almost 8 months and the friend told me if my brother didn’t come get the car to just take it. Now my... Read more »

Anna L Self
Anna L Self answered on Aug 31, 2021

You stated that your brother "got greedy" and kept everything. Do you have reason to believe that the trust states that you get property? If so, you should contact an attorney to file a petition with the court to review the trust to determine if the property is supposed to go to your... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My step father is trying to force me out of my mother's home, he signed a quit claim deed in a divorce/set a side.

They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »

Anna L Self
Anna L Self answered on Aug 18, 2021

If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!

4 Answers | Asked in Estate Planning for Oklahoma on
Q: If someone makes a will and then lists someone else as POD of their bank account. What happens? Who would the money go?
Anna L Self
Anna L Self answered on Aug 9, 2021

It would go to the person listed as POD unless they predeceased the account holder. POD controls over the will if beneficiary of the account (POD) is living.

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Inheritance taken by stepmom

My grandfather passed his estate to my father, an only child. The estate was supposed to pass to me and my half-brother. My step-mother had my father sign documents transferring all of the estate to her alone. He had been diagnosed with alzheimers a year earlier. My brother and I got absolutely... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 4, 2021

You might have grounds to challenge the lifetime transfers or your father's will (unclear which applies) due to lack of capacity. However, you must act quickly due to statutes of limitations and also practical considerations (if you wait to long it might all be gone). You are looking for a... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

Anna L Self
Anna L Self answered on Jun 17, 2021

A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... Read more »

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: I have a judgement against me I am dying I have a will giving everything to girlfriend can she wants to live here

The judgement is 2005 then they renewal it in2010.

James Tack Jr
James Tack Jr answered on Jun 4, 2021

I am sorry to hear about your situation. For an ordinary money judgment, the judgment lien lasts 5 years unless executed on or renewed. You may consider consulting with an attorney to determine that the judgment has expired and to make sure your desires for the disposition of your estate will be... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: If an adult sibling with children passes away, are his children entitled to the estate of their grandfather?

One of two siblings dies…are the children of the sibling that died entitled to their father’s portion of his father’s (their grandfather) estate?

James Tack Jr
James Tack Jr answered on Jun 3, 2021

I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I am wanting to give my part of a estate to a family member who is a minor what form do I need to write out in Oklahoma
Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on May 25, 2021

A Last Will and Testament is a document you can have drafted that lays out who you would like your estate to go to.

However, minor children can’t own property, and someone will need to get a guardianship over the minor child if they inherit part of your estate in order to manage the...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Who is responsible for the taxes if the executor is deceased and the taxes come in estate and executor name.
James Tack Jr
James Tack Jr answered on May 10, 2021

The taxes are a liability of the estate not the executor. When a new executor is appointed, she would be responsible for paying the taxes, but they are not her individual liability.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: If the executor of estate dies how can we get his name removed as the executor if there is no longer a lawyer on case

Attorney withdrew in 2010 and the family has never hired another lawyer and how to get a title or deed if executor is deceased

James Tack Jr
James Tack Jr answered on May 10, 2021

You should hire another attorney who can have another executor appointed and have the case concluded. Because this involves real estate, you will have to have a final decree in the estate for the heir/devisees or their assignees to get good title to the property. Unless there is a sale of the... Read more »

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: My father died without a will and I want to know what is required to transfer the mineral rights to me and my siblings.

Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?

James Tack Jr
James Tack Jr answered on Apr 27, 2021

You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... Read more »

4 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My mom wants to leave her house to me, and exclude my siblings from any claim. What is the best (and cheapest) way?

The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 19, 2021

Have your Mom contact a will/estate lawyer and have a will drawn up for her which provides her intent on what she wants to do with her estate, including the house, upon her passing.

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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.

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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?

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