All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.
A couple of things. Under Oklahoma law for property located here.
If deed named you and your husband as Joint tenants with right of survivorship then the property will belong entirely to you (subject to the mortgage) by filing an affidavit of surviving joint-tenant with his death... Read more »
I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file... Read more »
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.
Here is part 1:
First, find the original deed (or document) that originally transferred the home to your... Read more »
The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... Read more »
File an action in court to remove the trustee.
Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.
The wording of the trust may also specify in which state a trust action must be filed. If... Read more »
My mother was working on it until the day she died and now I don't know what to do! One company is wanting my grandma's estate papers showing my mom was the PR and sole inheritor - how can I get those? Is there a statute of limitations.
To get your grandmother's estate papers, call the clerk of the court where the probate case was filed. The clerk is required by law to give you the papers.
There is not a statute of limitations for probate cases.
From everything I've been able to collect so far it looks as if she will have more debt than her probative estate. None of her debts have me as a cosignatory or co-borrower.
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.
Who would I approach to seek charges?
See
A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of... Read more »
Estate planning attorney does more than just help you get assets to family members. That is a secondary concern. My first thoughts are how to protect you will you are still alive. If you don't have proper Powers of Attorney & Advanced Healthcare Directives in place, your family may face... Read more »
I don't see how unless the will was written at time that the person was of unsound mind.
Yes or a portion of it if you have children with him. You must be divorced before you pass away in order for him not to be an heir.
Grandmother died in Oklahoma in 1980, had a will. All known assets were held in "joint tenancy" with her surviving daughter. In 2014, unknown minerals in OK were found. Oil company remitted force-pooled bonus consideration to OK. OK demands a probated will for an estate of virtually $0.... Read more »
If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.
I have looked on my states public court records and no will has been filed . Does this mean he didnt have one and Im entitled to half his estate ?
Sorry for your loss.
It is impossible to say whether or not he had a will based solely upon an absence of a probate. It sounds as though your father was single at the time of his death. You should have an attorney review the land records to determine what interest he had therein. It... Read more »
You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.
Do we still have to file probate?
This may depend on how his property is titled. If he had a home in his own name then probate will be necessary in order to transfer title. You should visit with a probate attorney. This may be eligible for a summary probate procedure.
If an Irrevocable Trust is sued, is it the responsibility of the trustees, or the beneficiaries, or both, to take actions to respond to the lawsuit? The beneficiaries were not sued individually, only the trust. As a beneficiary, what do I need to do? This is for a case in the State of Colorado.
It should be the responsibilities of the Trustee, however as a beneficiary you are interested in the outcome. You should consult an Colorado attorney and monitor the developments.
If the assets are liquidated, taxes and creditors paid, it shouldn't take long.
to me when he dies?
Yes, there are other steps you need to take. I DO NOT recommend the use of a will to transfer a business because it may take to long to complete the necessary steps.
There are several methods that can be used to transfer your Dad's property interest in his business to you.... Read more »
He did not have a will. He inherited money right before his death. Is she entitled to any of the money. They haven't spoken in months We live in Oklahoma
Sorry to hear of your loss. It sounds as though your father had children apart from the union with his estranged wife. Unless they were divorced, it appears that the estranged spouse will inherit a portion. This statute probably applies if he did not have a Will:
d. if there are... Read more »
It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.
Who decides executorship?
Probably, this is generally governed intestacy statutes where the children (or their surviving decedents) inherit if there is no Will. A court would appoint a special administrator or personal representative to administer. Generally, debts of the decedent must be satisfied first.
this legal?
Sorry to hear of your loss.
Title 58 O.S. Section 21 - Delivery of Will to District Court by Custodian states:
Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction... Read more »
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