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I need to change the beneficiary heir of a revocable trust based on new legal evidence, a handwritten document, that names only one beneficiary instead of the current multiple ones. The current beneficiaries are not aware of this change, and I might need to draft a new trust based on this new... View More 
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answered on Mar 9, 2025
Trustee needs to revoke the trust, then declare the new trust with the old corpus placed in it. Hire an OK attorney to execute this trust and notify the former beneficiaries. Litigation will be forthcoming, so trustee needs to prepare to defend his actions.
My adult son died without a will. He had a mortgage on his home. If I am named executor and am willing and able to take over his mortgage payments can the bank take the house if it's worth more than he owes?
answered on Jan 10, 2025
I am sorry for your loss. When your son died without a will, his property passes by intestacy to his heirs at law. Those generally are his spouse, children, parents, if any. Their right to take is dependent on a variety of factors. If the mortgage payments are delinquent, the bank could seek to... 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
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
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
My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More
answered on Feb 22, 2025
You need to contact a probate attorney in your area to see if a probate was ever filed for your father and if so when and how was the property disposed of. You may be outside statute of limitations to protest it if there was a probate already finalized.
For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More
answered on Oct 7, 2024
Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.
My nephew has made all arrangements i had to find out she died from her nieghbor! No one in my family let me know. I think as her only living child i should have a right to her ashes so i know they are taken care of respectfully! How can i find out if she expressed any last wishes about who was to... View More
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answered on Aug 31, 2024
I’m sorry you’re going through this difficult situation. As the only surviving child, you generally have the right to make decisions regarding your mother’s ashes. You should start by contacting the funeral home directly, explaining your relationship and your concerns. Ask them if any... View More
I live in Oklahoma. My mom passed away in 2019. She had a Pour over will and trust. Her home was deeded into the trust and the transfer of everything went smoothly without probate. However, after all was said and done, my brother and I realized my mom had inherited a piece of land (1 acre lot in a... View More
answered on Jun 18, 2024
If that piece of land was not part of the trust, then it now has to go through probate. There’s nothing else than can be done now.
answered on Jun 12, 2024
If they’re still married, it doesn’t matter if they’re living apart. Typically, if a person dies without a will, the wife will receive everything unless there are children. This is yet another reason that everyone needs a will.
The will is typed up. Does this invalidate it here in Oklahoma
answered on May 8, 2024
A typed will is admissible in Oklahoma, and in my opinion actually preferred assuming it is executed properly with signatures and witnesses - This will have to be verified during the probate of the will. Contact a family law or probate attorney to assist you.
I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More
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answered on Feb 14, 2024
Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.
When he bought this house he didn't want my mom anywhere on the note because he wanted to make sure my sisters had no rights to any of it. He died two years ago. My mom says she has "survivorship" but I don't know what that means. The mortgage still Comes in his name as she... View More
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answered on Feb 14, 2024
Hire an OK attorney to search the title and determine the estates created. Then you will know who owns the property later when certain different events occur.
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
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