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Probably a fairly common situation: My first wife and I bought a home together. The home was payed off before she passed away. After she passed, I remarried. However, I never added my second wife to the title of the home. While my second wife and my community property funds did not pay to... View More 
answered on Nov 21, 2017
I will summarize your question as follows:
What rights does your new wife, have to your home after your death if it was paid for before the marriage?
The answer is a bit complex. The first question is how is the home currently titled. This can make a difference as to whether a... View More
my father and uncle have a shared bank account, my uncle just bought a new house from his new wife's ex-husband, how will this new marriage affect my father's shared assets and how might my uncle's mortgage effect my father and how might my uncle's new marriage effect my... View More
answered on Nov 10, 2017
There are quite a few unanswered questions here. I would recommend siting down with an attorney to answer a lot of the intricacies that this question could entail. Essentially though the new wife would only be entitled to an equitable division of the assets that the uncle owns. If the uncle owns... View More
My stepdad done this so I would have to split my inherent with his son.
answered on Oct 31, 2017
If an estate is opened you can contest that unless she specified the stepchild in her will in which case it's one of the heirs.
Suggest you contact an estate attorney for the county where it is. At least get a consultation but first get a copy of whatever has been filed in court.
He dissolved the trust saying it was broke and had no funds. Are the rest of us responsible for the loan on that house and the taxes owed? He is the only one who benefited from any of the funds or property our grandmother left. We did not have any way of knowing what he was up to.
answered on Oct 16, 2017
You have a two part question:
1. Unless you signed a note, you are not personally liable for the debt. Still the mortgage holder can foreclose on the property.
2. You are also not personally liable for the taxes. But if the taxes are not paid the property will be sold at a... View More
There was no will so court order lists heirs and amounts.
answered on Oct 16, 2017
Based upon your question and the details provided therein, there should be no need for a delay assuming that the personal representative has possession of the property and cash. If there is an unexplained delay, you should ask the PR or the attorney representing the estate. If you do not get... View More
Elderly parents live in Oklahoma and Executor (son) of the Will lives in Alabama. The question is: Does an Executor in a Will that was completed/signed/notarized in Oklahoma by people living in Oklahoma HAVE to live in Oklahoma to probate the Will? If they do not is it REQUIRED to retain a lawyer... View More
answered on Oct 11, 2017
First of all sorry for your loss.
Question 1: Does a Will have be probated in Oklahoma if the person died there?
Answer: If the person who died has property in Oklahoma that is subject to probate, then it will need to be probated in Oklahoma. For example, if the person died... View More
Will my grandmother be responsible for paying for this property now, even though it was not in my grandpa's name nor her name?
answered on Oct 5, 2017
Sorry to hear about your loss.
I'm not sure what you mean by "paying for the property". I will assume for this discussion that you are talking about property taxes and that the property in in Oklahoma.
If the taxes on the lot are not paid, the property could be... View More
Can you use a payable-on-death to transfer vehicle in Oklahoma? How is this done and is there a specific document you use?
answered on Oct 3, 2017
Oklahoma has a transfer on death form for vehicles. It is available online. Contact an attorney if you need assistance.
I understand there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving joint tenant(s) can file an affidavit in the county land records. If I use the Second... View More
answered on Oct 3, 2017
This is a fairly simple affidavit, most county clerks (not court clerks) will have the form. If not contact an attorney who can prepare one for you for about $150.
my daughter is the beneficiary and her husband is the potential witness.
answered on Oct 3, 2017
I would not have a person related to a beneficiary of will be a witness. Title 84 Section 143 - Bequest to Subscribing Witness Void
Cite as: O.S. §, __ __
All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void... View More
Her estate is valued at 840000.00 dollars and there is some heirs that keep objecting on anything and everything the judge has ruled in my favor and they still object it's going on two years now how do I get paid is it by the year or just one fee total
answered on Oct 3, 2017
Sorry for your headaches.
Unfortunately, you are entitle to one fee
Title 58 Oklahoma Statutes Section 527 says:
A. When no compensation is provided by the will, or the executor renounces all claim thereto, he must be allowed commissions upon the amount of the whole estate... View More
Is it $10,000?
answered on Oct 3, 2017
Sorry, your question really doesn't make sense.
A guardianship is a proceeding where the court appoints a guardian over an incompetent person (the ward) or the ward's property or both. A millionaire or a pauper may have a guardian.
A conservatorship is a similar... View More
answered on Aug 25, 2017
No Oklahoma court has "Jurisdiction" unless some type of case is filed regarding it.
You may want to clarify your question to state what you're trying to accomplish.
Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks
answered on Aug 23, 2017
143 - Bequest to Subscribing Witness Void
All beneficial devises, legacies or gifts whatever, made or given in any will to a subscribing witness thereto, are void unless there are two other competent subscribing witnesses to the same; but a mere charge on the estate of the testator for the... View More
The will was never filed so do probate laws apply? If all of dad's heirs and my brothers heirs waived rights, could ee get this changed?
answered on Aug 23, 2017
If the life estate was created by a Will, then yes probate laws apply. Once the probate is completed each of the other legatees or heirs could issue your brother a quit claim deed that would make him full owner. But this might be a bad idea if he is receiving govt assistance such as Medicaid.... View More
Need copy of deceased husband's estate probate documents . Probate in Texas and the mineral land interest is in Oklahoma, so I'm needing copy of the documents that have been filed of record on cotton county in order to transfer his o retest into my name. Does this mean I'm needing... View More
answered on Aug 23, 2017
If there has been an estate in Oklahoma, you would need to look at the order. Assuming it was properly done, it should discuss how property is to be distributed, even if the specific piece of property is not listed. Cotton county should be able to send to an exemplified copy of the decree (not... View More
My grandparents willed their Oklahoma mineral rights to my dad. He died intestate so my sister and I completed proof of heirship. His 2nd wife received half of the rights and dad's 3 children split the other half (1/3 each). 2nd wife just died. Do her kids (not my dad's biological kids)... View More
answered on Aug 23, 2017
Here is the intestacy statute:
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=73029 f
In particular pay attention to 84 Oklahoma Statues Section 213(B)(1)(d)(2)
d. if there are surviving issue, one or more of whom are not also issue of the surviving spouse:... View More
Her two children. One of her child (my father) has passed on before her. So in the trust it states, that it would then move on to the next available bloodline, there's me, and my two sisters. If my father stated in his will that any of the land he was to inherit goes to his wife, my mother,... View More
answered on Aug 23, 2017
Sorry for your losses.
The Trust would need to be examined to understand its provisions. If it had a "Power of Appointment" granted to your father, it may have allowed him to designate the beneficiaries. Without having a copy of the Trust all of this is guesswork.
The 2 heirs want the other 3 heirs to agree to change the will because they received a much smaller percentage of estate, as they were not close to the deceased. Can the will be changed? Would it be wiser to agree to give them a certain amount of money after probate is finalized?
answered on Aug 23, 2017
Unless all parties agree there would be no method to change the provisions of the Will. Sharing after the distribution may trigger gift tax return considerations or other transfer consequences.
Oklahoma
answered on Aug 23, 2017
Sorry your family is facing this issue.
If your parents are receiving Medicaid benefits there is a potential that the State may want to place a lien on the property. There are many factors to consider including timing of your name being added to the title and who contributed funds.... View More
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