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Just wondering if when she passes of it goes to my husband or her daughter.. since his name is on the title.
answered on Jun 12, 2018
Great question. Ultimately it depends upon how the deed was drawn up. An attorney would probably charge an hour of time to review and provide an opinion. Without seeing the deed it is impossible to tell. But it is likely that you husband is entitled to at least 50% of the property.
His sister has now passed What happens to the land and houses now
answered on Mar 26, 2018
This answer assumes that there was no Will, trust, or transfer on death deed; and it assumes that your husband is your mother-in-law's sole living heir (aside from his children) and that she was not married at the time of her death.
You husband would be entitled to inherit the... View More 
answered on Mar 6, 2018
If there is a probate of their estate, this will be determined by a will, or a court order if no will. If there are no court proceedings, family members usually gather shortly after a death, and agree on who gets what in cases were a lot of valuables are not involved. If you need a lawyer to help... View More
I live in Louisiana and my husband was 55.
answered on Mar 5, 2018
I'm very sorry for your loss.
I assume that there is property in Oklahoma. Whether or not a probate (succession in Louisiana) is necessary depends on the how the property was titled in Oklahoma. If it is real estate in Oklahoma and titled solely in your husband's name then this... View More
answered on Mar 1, 2018
Yes, an executor or personal representative can live in another state. Often they can even manage the estate without making any court appearances. If there is personal property involved they may need to oversee its disposal or disbursement. I have had executors who performed all of their duties... View More
He said his cousin-nephew to have house and land ..wanted me to have legal power of attorney & on his bank account done-he just wasnt strong enough so his wishes was just verbal..had ambulance pick him up yesterday..they dont belive he will make it..he gave me his credit cards with pass... View More
answered on Feb 15, 2018
You really need a Power of Attorney since he is still alive. But the POA is ineffective if he dies. Once he passes the property will be governed by intestacy statutes unless he creates a Will, Trust of a simple Transfer on Death Deed.
Sorry for your issues.
the marriage took place in texas, but they live in oklahoma. he just passed away and she...the so called wife had him cremated against his family's wishes, and took all his money out of his bank account,including his 3 young sons She also took ownership of his 79,000.00 new corvette . I am... View More
answered on Feb 14, 2018
Sorry, but she is his legal wife, and you have no standing to seek an annulmnet of their marriage. You should contact a probate attorney in the county of his residence to see if there is anything your children can possibly recover through probate of his estate. Good luck.
... successor trustee, an attorney, immediately took over trust - we found stepmothers daughter liquidated all properties and assets of stepmother while she was alive and put it into trust - trustee did not notify any of the 4 current beneficiaries from our side of the family (we are easily found)... View More
answered on Feb 13, 2018
You should visit with an attorney who does trust litigation. It is likely that you are entitled to see all of the documents. If you know who prepared the trust, you might ask the attorney for a copy.
"You never really know someone until you share an inheritance with them." Mark Twain
My parents owned a home in Oklahoma and abandoned it to live in Texas with my sister. They died in Texas without a will.
answered on Feb 6, 2018
Sorry for your loss.
You are not responsible for your parent's debts unless you cosigned. If there is a probate and there are assets, the creditors can only share in the proceeds from those assets. If there was a foreclosure in Oklahoma, in order for the creditor to have any claim... View More
My mother's loan place needs a paper showing who will be over her house now and my mother didn't fill out her will. Will we need to go through probate? We would be paying her loan for her and if we went through probate in Okmulgee County, would we have to move out of her house?
answered on Jan 31, 2018
Sorry for your loss.
Probate is available even if you mother did not have a Will.
It sounds like your mother owned a home that had a mortgage on it. Unless you are a co-signer on the promissory note you are not responsible for paying it.
Assuming that your mother owned... View More
She was on hospice when he made the decision to marry her.
answered on Jan 22, 2018
Yes, that is possible. A spouse is entitled to 1 vehicle of their deceased husband or wife, IF they want it, unless the title is held jointly with some other person. Sorry about your mom, hope she gets better, and that her new husband, IF they get married makes her life a bit better.
descesed step mothers kids but know her name is solely on the title now her shes owner of the house and wont show us itemized letter she said shell live in the house till she passes and then the state is to take over i don't understand why and how that's possible she took all monies r any... View More
answered on Jan 22, 2018
You should IMMEDIATELY consult an experienced family law and/or probate attorney in the County where the Estate is being administered. Something is just not right here. Have you seen a copy of the will? A copy is filed in the Courthouse in the case file, and as an heir, you are entitled to a copy... View More
My mother passed in OKLAHOMA in 2012 her husband who she was estranged from passed in 2013. They were married in 2008. Recently we discovered that she had stocks from 1969 that are worth a substantial amount. She had no will and we are starting the probate process. Will her husbands children from a... View More
answered on Jan 20, 2018
Yes, assuming he didn't leave a will.
Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.
I am his only child, but he signed over parental rights when I was 8, to keep from paying child's support, but came back into my life 14 years ago. I am now 47. Do I have any rights, and if so, do I need an attorney?
answered on Jan 12, 2018
You should hire a probate lawyer in the county where your father lived to help with this issue.
My sister and I are co executors. With 2 other siblings and 2 nieces (deceased brothers children) who are named in the will. Do all of us have to sign closing documents. All property she owns is less than $300,000, including life ins, savings, 2 homes, and personal property.
answered on Jan 11, 2018
Sorry for your loss.
I assume that this is a sale of property being handled by a realtor or title company. They will typically require the party signing the deed to have the authority to do so. I doubt that signatures of all of the children would be sufficient since there. You will... View More
She resides in other's are to supplement her income. She claims joint tenancy. Can she keep us from receiving the property left to us?
answered on Jan 9, 2018
Joint tenancy is not “claimed”. The titles to the properties needs to be examined as a starting point. You need to see an attorney.
I have paid the mortgage payments, but cannot get monies to satisfy creditors? I have an attorney, but the updates are not affordable. He passed in Oklahoma with no will. What happens now if we go to foreclosure? Or what can I do to stay out of foreclosure? I do not know why my attorney did not pay... View More
answered on Dec 31, 2017
I'm not sure that I understand your question. It sounds like the amount owed on the mortgage exceeds the value of the home. If this is the case there would be no proceeds from the sale to distribute to creditors or heirs. However, if you have made mortgage payments from your own funds and... View More
My father and his brother both deseaced
I was told that since there was no will that I would receive my father's share and his brothers kids would get his share and of course her husband's 2 kids would get there share is this true because they are trying to split the money... View More
answered on Dec 19, 2017
Sorry for your losses.
If you grandmother did not have a Will and the property was subject to probate there are rules regarding inheritance. However, if the money was in an account with payable on death or a joint account, then the person on the account can choose whether or not to share... View More
answered on Dec 11, 2017
Sorry for your loss.
An executor of a Will or PR of an estate has no duties with regard to transfer on death accounts. There are two large exceptions, first if the estate is subject to federal estate tax which is at about $5.5 million; and second if the beneficiary of the TOD account... View More
answered on Dec 11, 2017
First of all sorry for your loss. This sounds like a horrible situation.
You didn't mention but I assume that his children are adults. There is limited information that they could discover regarding assets such as real estate by searching property records. Google "Kellpro Land... View More
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