You can file without a lawyer. Oklahoma allows pro se representation. It just isn’t advisable due to potential issues with creditors and publication and the like. Best of luck to you.

Letters Testamentary are valid until revoked or the probate is concluded and the executor is discharged.

I’m sorry for the loss of your mother.

If the ownership of your home is as joint tenants, not as tenants in common, with rights of survivorship, your dad needs to file an Affidavit of Surviving Joint Tenant to get your mom’s name off of the title. He can then file a quit claim deed to... View More

In Oklahoma, anyone can initiate a probate. However, the statutes to provide priority to certain individuals if the decedent died intestate. If the person died with a will, then it needs to be probated and the will usually names somene to act as executor.

Anyone paying bills on behalf of... View More

You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... View More

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.... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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!

A person's assets that have a beneficiary designation go to the person specified in the designation. Such assets include bank accounts, stock accounts, life insurance, etc. Those types of assets pass outside of the probate case if there is a proper beneficiary designation. Real estate which... View More

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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... View More

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... View More

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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... View More

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... View More

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... View More

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... View More

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.