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My lawyer lied to me about the creditor, he said he denied it but he didn't now he's saying i have to let him sale everything, the creditor is my dads ex girlfriend, she has already sued me and the judge told her, she can't do that cause I'm still in probate court, she wants my... View More 
answered on Jun 25, 2023
If a creditor's claim is not denied within 30 days after being presented, the claim is deemed denied pursuant to 58 O.S. § 337 even if your attorney did not file an affirmative denial. However, if the claim was not affirmatively denied, the creditor can file suit on their claim until the... View More
The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More
answered on Apr 11, 2023
Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?
A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death.... View More
I live in California the property's in ok. what do I do to get property's in my name
answered on Apr 4, 2023
I am sorry for your loss. Unless the property was in joint tenancy or had a transfer of death deed filed, you will have to have an estate proceeding to pass good title to real property to either the heirs or to a purchaser of the property. Your buyer will not be able to get a title policy without... View More
The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.
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answered on Mar 24, 2023
That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.
I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you
answered on Mar 23, 2023
POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... View More
My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... View More
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answered on Jan 20, 2023
If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.
I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or... View More
answered on Jan 10, 2023
Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK... View More
him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?
answered on Jan 4, 2023
To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.
Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?
answered on Dec 24, 2022
If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... View More
THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .
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answered on Dec 13, 2022
Most buyers would reject such a conveyance, as Title at best would be questionable. It would be much better for a Successor Trustee to take over managing the Trust. Read the Trust Instrument for relevant terms. Hire an OK attorney for advice and if necessary, sue the Trustee for Removal for... View More
Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... View More
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answered on Oct 21, 2022
The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... View More
Does she have to split with children?
answered on Oct 15, 2022
This is dependent on how things are set in place in regards to any will/trust or eatable planning.
Normally, property is marital property and normally goes to the spouse, however with majority of law there are other factors that can be in place. Therefore you need to contact an attorney to... View More
answered on Sep 23, 2022
Possibly, but the burden to trace it and show it was purchased from VA funds is on you.
Is there a law in Oklahoma that you must leave any portion of your estate to family members that are not in the state? Can you leave your entire estate to your church? If you must leave something for married children that live in another state, is there a minimum amount that you must leave?
answered on Sep 18, 2022
In the state of Oklahoma, your spouse is the only person who can make a claim if you don't leave them an inheritance. However, it is necessary that you specifically reference and/or disinherit your children if you don't want to leave them anything. It's best to work with an estate... View More
When my Mother in Law passed we contacted her insurance agent to cancel her policy. He told us it was cancel and we left it at that, the next month we notice that the insurance company is continuing to take money out of the account she shared with my husband We contacted the agent again, he said... View More
answered on Aug 28, 2022
An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your mother-in-law. The estate and probate attorneys here would probably have the most insight on this. A starting point could be to bring the matter to the attention of the executor... View More
They also closed his bank account after telling me that I couldnt because it was going to probate which it did not. My inlaws live directly behind us so they claim that I cant be on family land. We have a mortage through Choctaw Nation as Iam a tribal member but the deed is in his name only. Weve... View More
answered on Jul 27, 2022
Sorry for your loss. Losing a loved one is hard enough by itself but then to have family issues on top of that makes it worse. Based on the limited amount of information you gave you need to contact an attorney as soon as feasible because you most likely have more rights than they are claiming you... View More
Oklahoma Durable Power of attorney question:
My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..
My grandmother wants to revoke or transfer durable power of attorney from a family... View More
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answered on Jul 20, 2022
A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.
To create a new one, see an estate... View More
My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... View More
answered on May 9, 2022
There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... View More
My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?
answered on May 6, 2022
Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... View More
My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... View More
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answered on Mar 9, 2022
If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... View More
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