You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.

If he has an actual will, not a trust, you'll need to file a probate action and present the will to probate Judge to get an order from the Court to divide up the assets. Having an attorney to help you will ensure this is done as quickly and efficiently as possible. However, there will be... View More

Absolutely, but it is extremely easy to create an invalid Will. A 401k will be disbursed according to the beneficiary designation even if the wheels leave it to somebody else.

She should also consider probate avoidance techniques such as trusts, Transfer on death designation’s etc.... View More

Sorry for your headaches.

I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,... View More

If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then... View More

This is hard to say without reviewing the records and the Will.

Was the Will actually probated? Some wills are invalid for various reasons.

However, it is likely that 3rd wife's heirs at law would be entitled to the interests.

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... View 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... View 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... View More

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.

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.

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... View 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... View 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.

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.

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... View 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.

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.

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.