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.

If the assets are liquidated, taxes and creditors paid, it shouldn't take long.

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.... View More

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... View 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.

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.

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... View More

Sorry for your loss.

You have only 9 months to file a form to claim the property.

The legislature has not created a form. You are correct that the affidavit of surviving joint tenant is incorrect.

An attorney prepared form should cost about $250.

You and your... View More

It depends on how you have "disowned" them.

If you do not have any estate planning documents such as a will or trust, then a Probate Court will follow the Oklahoma statutes as to how you property is distributed to your heirs - which can include your children.

YOU are able... View More

You may want to consider a Transfer on Death Deed. On the death of your parents, you will receive a "step-up" in basis to the "fair market value" as of their date of death. This stepped-up amount will then be used in the calculation for capital gains.

One of the... View More

Technically? Yes.

As an example, suppose a person (aka the Grantor), creates a revocable living trust appointing themselves as the Trustee. If the person who is both the Grantor and Trustee has a criminal record, then the answer is "Yes."

More facts would be helpful.... View More

Based upon the facts that you have shared and without seeing the documents involved, my initial answer is no. I do not believe that the estranged husband can challenge the sons being selected as the primary beneficiaries and recipients of the proceeds from the IRA.

But it is not a... View More

Be very careful. I have lots of folks who walk in with an online power of attorney. I estimate that about 20% have serious errors. These may be drafting, witnessing, signing, and creating unworkable situations. Most attorneys will provide service on a flat fee basis or may provide you with the... View More

There is not a need to probate her estate if she has no estate to probate which means she died owning no property of any real value. You could write to the different creditors and send them a photocopy of her death certificate which might cause them to stop mailing invoices monthly.

Legally, is is not necessary for the Executor (aka Personal Representative) to live in Oklahoma.

Practically, the Estate of the descendant may incur additional expense since it may be necessary to reimburse the Executor for their travel expenses.

Another point to consider is the... View More