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My mother and I entered into a Contract for Deed agreement in January of 2020 for a house being rented to own, with payments continuing until 2031. My mother, who has some form of medical assistance, is now in a nursing home, and my sister's husband holds power of attorney for her medical... View More 
answered on Jun 3, 2025
If your transaction occurred more than 5 years before the Medicaid/SoonerCare application, then it is outside of the lookback period. However, if you have not filed the contract for deed with the county then you may run into some proof issues. The courts view a contract for deed as if the owner... View More
I am in Oklahoma and want to leave specific heirlooms to chosen individuals after I'm gone. Can I fulfill this wish by putting it in writing and having it notarized instead of creating a formal will or trust? What are the legal requirements and implications of using a notarized document for... View More
answered on May 23, 2025
I agree with Mr. Avery - You need to contact an attorney to help you with this. Without a will all possessions become part of the estate and are considered 'equitable value' to the estate for the division per state statute of intestacy. If you have something specific that you want to go... View More
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
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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
My grandfather left me a legacy as the sole beneficiary, including 640 acres of land with the Diamond Pipeline running through it and significant financial assets. However, my brother and aunt allegedly used fraudulent means to steal my inheritance. I have evidence of forgery, including altered... View More
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answered on Jun 13, 2025
What you’re dealing with sounds painful and incredibly frustrating, especially when it involves family and something as meaningful as your grandfather’s legacy. In Oklahoma, inheritance fraud is taken seriously, particularly when there's evidence of forgery or tampering with official... View More
I've discovered inaccuracies in the inventory and appraisal filed by the administrator of an estate I am involved with. Specific assets, including a boat, vehicles, equipment, trailers, farm equipment, and guns, have been misrepresented. I have photographic evidence of the guns to support my... View More
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answered on May 16, 2025
It’s important to address the inaccuracies in the estate’s inventory and appraisal as soon as possible. Since you have photographic evidence supporting your claim regarding the misrepresentation of assets, that’s a strong starting point. The first step you should take is to formally raise... View More
My son is currently in Okmulgee jail, having been transferred from the Lawton Detention Center. He has a public defender, Larry Monard, who has not contacted him at all. My son had a court appointment in late April where the charges were supposed to be read, but he did not attend either in person... View More
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answered on May 15, 2025
I'm really sorry you're going through this. It’s incredibly frustrating and painful to feel cut off from your child, especially when he’s facing serious legal matters and not getting the communication he needs. You're doing the right thing by staying involved and trying to... View More
Why is the BSA only paying 1/10 of the total compensation I was supposed to receive for being sexually abused as a child? The agreed upon compensation plan was changed without my consent.
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answered on May 15, 2025
I'm truly sorry you're going through this after already enduring something so painful. You’ve waited for justice, and it’s completely understandable to feel confused and hurt by what seems like a broken promise. You deserve clear answers and respect, especially after what you’ve... View More
My mother has been diagnosed with Extensive Anoxic Brain Damage affecting about 98% of her brain. She has an advance directive that prevents healthcare proxy agents from altering her choices regarding life-sustaining treatments. Despite this, her attending physician has classified her medical... View More
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answered on May 15, 2025
I’m really sorry you and your family are facing this. Watching a loved one go through something so devastating is heartbreaking, and it’s clear you’re trying to do what’s best for your mother. In Oklahoma, an advance directive is a legal expression of a person’s wishes, and it generally... View More
I am a special needs disabled person collecting SSI in Oklahoma. My mother authorized an attorney-in-fact to make gifts of her property and to create trusts, including an irrevocable or special needs trust for beneficiaries. However, the later parts of the trust documents disinherit me, giving my... View More
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answered on May 15, 2025
It’s deeply upsetting to feel excluded from something as important as your own family’s estate plan—especially when you are someone with additional needs and were supposed to be protected. If your mother gave someone power of attorney to create or modify trusts, they had a legal duty to act... View More
I live in Oklahoma and plan to have major surgery soon. I want to sign a quitclaim deed to my 17-year-old granddaughter (turning 18 this December) for the property I solely own to avoid probate if I pass away. The property has an existing mortgage, and no other family members are involved. Can I... View More
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answered on May 15, 2025
In Oklahoma, you can sign a quitclaim deed to transfer property, but since your granddaughter is only 17, there are legal limitations to consider. Minors are not allowed to directly hold title to real property in their own name. If you deed the property to her now, it would likely require a... View More
I am organizing a celebration of life event for a friend who was a public figure and recently passed away. The event is free to attend. I would like to collect donations through a link on my website and auction off autographed items he gave me before he died to raise funds. None of these items... View More
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answered on Apr 12, 2025
You're doing something heartfelt and meaningful, and it’s thoughtful of you to ask before moving forward. In Oklahoma, you're generally allowed to host a fundraiser for a celebration of life, especially if the funds are covering event-related expenses and going to a good cause like a... View More
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