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Attorney withdrew in 2010 and the family has never hired another lawyer and how to get a title or deed if executor is deceased
answered on May 10, 2021
You should hire another attorney who can have another executor appointed and have the case concluded. Because this involves real estate, you will have to have a final decree in the estate for the heir/devisees or their assignees to get good title to the property. Unless there is a sale of the... View More 
Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?
answered on Apr 27, 2021
You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... View More
The house is mortgaged, she bought it for about 70k and really is the only asset she has. I have one sister who I know will contest this, but as she has refused to be an actual member of our family for years, my mom wants her to have nothing. I have helped with payments, I take care of her. My... View More
answered on Apr 19, 2021
Have your Mom contact a will/estate lawyer and have a will drawn up for her which provides her intent on what she wants to do with her estate, including the house, upon her passing.
He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... View More
answered on Apr 7, 2021
It's likely that this is something going on in his father's estate proceeding. There are a number of reasons that the property is being sold. He should hire an attorney to find out what is going on and to protect his interest.
answered on Mar 3, 2021
It is not clear what your question is. What kind of policy, what is the designation, and what are you using it for?
Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?
answered on Mar 2, 2021
The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... View More
Father no will. I have been living on property for 10 yrs. No child with stepmother, 3 children from marriage to our mother. My dads new wife let us kids come to the farm for 3 HR. & get personal items she had set out for us. My sister had charge over his medical decisions & funeral if he... View More
answered on Feb 17, 2021
If a probate has not been commenced, you should initiate probate proceedings in the County where your father lived. If one has already been initiated, you should hire an attorney to protect your rights. You must have a probate for good title to be passed on Oklahoma real estate. In the probate,... View More
I live in Oklahoma county, oklahoma. I was reading about your personal representative deed. my estranged sister sold my late mothers house without my knowledge or acceptance. I looked up the deed online and it lists a personal representative deed. how is this possible that she was able to sell my... View More
answered on Feb 11, 2021
Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... View More
my late husband (i guess this term wont hold weight if common law is not recognized in oklahoma) passed 10/10/20. he has no children, no will. his estranged brother is trying to kick me out of house ive shared w over 2yrs. i pay bills. house is worth about 45k. i heard he has been granted head of... View More
answered on Feb 11, 2021
Yes non-ceremonial marriage is still a valid marriage in oklahoma. You will need an attorney to prove your claim since his brother is clearing out things.
There is case law where a regular ceremonial wife was removed from an estate because the husband had never divorced the non-ceremonial... View More
I hired an attorney years ago to ask my brother about my mom's living trust.
To this day, my brother refuses to acknowledge that I'm a beneficiary and won't release funds.
My attorney said that my brother thinks he's above the law. He's a doctor. I'm... View More
answered on Feb 3, 2021
Without the assistance of a competent attorney then you could be waiting a long time for any recovery from your mothers estate. I am not saying just give up, but you will need wise counsel in resolving your issue.
It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean
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answered on Jan 24, 2021
It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... View More
I am a beneficiary to a trust that possibly had roylity rights to a property to which have been subject to fraud. I am also the beneficiary residing in another State.
answered on Jan 18, 2021
You would need to research the land records covering the land, which are found in the county clerk's office of the county where the lands are located. Oil and gas titles can be very complicated. You could hire an oil and gas attorney or an oil and gas landman to do the search.
The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.
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answered on Jan 10, 2021
It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.
The grandparents are taking things from the house and they say the house is theirs just because they have the deed (that isn't in their name). My boyfriend just turned 18 and has no idea what to do or who to talk to. Also the property value is under 50,000
answered on Dec 30, 2020
If mom died single (unmarried), the grandparents most likely have no right to the property they are taking. Your boyfriend and his siblings, if any, would be the mom's heirs but the grandparents would not. Taking possession of a deed that has been recorded in the land records would not... View More
Do I have any legitimate claim if it had been the understanding by all parties ? Sister has POA and mother is alive and we’re both aware of his wishes.but denying my receipt of the asset. What recourse do I have .
answered on Dec 8, 2020
In a very vague answer, anything that is not specified in the will goes to the estate for distribution. If the RV is not listed anywhere, then the RV would pass to your mother as the surviving spouse due to it being marital property. There are always exceptions to the general rules and you should... View More
At 80, I am in the process donating several hundred American and European prints and a like number of Japanese woodblock prints, ranging in value from $100 to $12,000 each. Most are classified as "promised gifts" and are with the intended recipient, a 501(c) (3) tax-exempt, fully... View More
answered on Nov 13, 2020
There is an appraisal requirement for all gifts in excess of $5000. That applies to where you give similar items of property where the total value is above $5,000. Six $1,000 items donated would reqire an appraisal. If you haven't already, you will want to contact the fine art museum to make... View More
My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.
Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on... View More
answered on Nov 9, 2020
I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by... View More
No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?
answered on Oct 3, 2020
I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the... View More
My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... View More
answered on Sep 24, 2020
I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... View More
Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.
answered on Sep 21, 2020
Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... View More
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