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Oklahoma Probate Questions & Answers
2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

Richard Winblad
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Richard Winblad
answered on Nov 21, 2022

Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Bank of America won't accept Holographic will. It is entirely handwritten, dated and signed by the deceased.

Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 21, 2022

The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in OK and i live in AZ. I'm trying to petition for summary administration

I'd also want to do a simplified small estate probate

James Tack Jr
James Tack Jr
answered on Sep 7, 2022

I am sorry for your loss. Oklahoma does has a summary administration procedure. You should contact a probate attorney to see if that is an appropriate procedure for your dad's estate.

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Having problems with my late mother in laws auto insurance agent/company

When my Mother in Law passed we contacted her insurance agent to cancel her policy. He told us it was cancel and we left it at that, the next month we notice that the insurance company is continuing to take money out of the account she shared with my husband We contacted the agent again, he said... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2022

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your mother-in-law. The estate and probate attorneys here would probably have the most insight on this. A starting point could be to bring the matter to the attention of the executor... Read more »

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: My husband and I have been perfectly happy. My step daughter won't let me stay with them. What can I do to sue her

My husband has cancer and I have been his sole caregiver . Nobody in his family helped with anything.now that he's about to get his social security benefits she told him to move in with her and told me I can't stay with him. My husband is recovering from cancer so I would never want him... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 27, 2022

You should seek help from an experienced local probate attorney, who can file for guardianship of his person and estate. It should be no problem being appointed. You can then move husband back home.

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Oklahoma on
Q: My husband passed away a month ago and his family is not allowing me to go to my house. Can they make me leave?

They also closed his bank account after telling me that I couldnt because it was going to probate which it did not. My inlaws live directly behind us so they claim that I cant be on family land. We have a mortage through Choctaw Nation as Iam a tribal member but the deed is in his name only. Weve... Read more »

Charles Watts
Charles Watts
answered on Jul 27, 2022

Sorry for your loss. Losing a loved one is hard enough by itself but then to have family issues on top of that makes it worse. Based on the limited amount of information you gave you need to contact an attorney as soon as feasible because you most likely have more rights than they are claiming you... Read more »

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can a notary notarize their own quit claim?

The day before my dads death in 1996, my stepmom notarized her own quit claim with her notary stamp. My first question is if that is or was legal then. My second question is what benefit would it be since the quit claim basically added her in the second party JTWROS since they were married at the... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 19, 2022

Definitely not. A notary public may not notarize his or her own signature.

1 Answer | Asked in Probate for Oklahoma on
Q: In the State if Oklahoma. A single man dies with no will. If no family files in probate what happens?

The man has a surviving sister and niece and nephew from deceased sister.

David A. Cincotta
David A. Cincotta PRO label
answered on Apr 28, 2022

The short answer is that "it depends." There are situations in which no probate is necessary. However, there are often times that family does not file probate and years down the road they find out that they should have. I would recommend you contact a probate attorney in or around the... Read more »

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can u get a bond with two revocations on a fifteen year sentence
Tracy Tiernan
Tracy Tiernan
answered on Mar 14, 2022

I think we need a bit more information to give you some clear direction, but it sounds like you have violated a couple of probations and the state has filed a couple of Applications to Revoke perhaps? If that’s correct, and if you haven’t confessed the apps or conducted the application hearings... Read more »

1 Answer | Asked in Insurance Bad Faith, Estate Planning, Family Law and Probate for Oklahoma on
Q: How can I find out about my life insurance policy through Massachusetts Indemnity and Life Insurance Company?

My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Mar 9, 2022

If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... Read more »

2 Answers | Asked in Family Law, Adoption, Identity Theft and Probate for Oklahoma on
Q: how do i get a quiet title ran for monies left unclaimed at the oklahoma treasury office in my deceased parents name
Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Feb 2, 2022

The first step is to file a claim form with Unclaimed Property. After a caseworker is assigned to your case, they'll instruct you on the documentation needed to release the funds. I would recommend reaching out to an attorney for further help if the caseworker tells you that you need to show... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Next of Kin laws/probate

My aunt was adopted by my biological grandfather before I was even born. We never believed less than blood relation. In her passing, she has family disputing my relationship; "step" is what they're saying. She may have had a will, but that family has taken several documents from her... Read more »

Charles Watts
Charles Watts
answered on Dec 30, 2021

You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: What are my rights? Brother won't speak with any siblings. He put it in probate. Mother died end of Sept.

She had no will. Owned her land and home had 56000 in one account. and other account not sure He was appointed special administratior over her estate in one day. Now what happens? He's living in her home with his wife. He owns property next door and lives in TX. There are 5 of us. I just want... Read more »

Anna L Self
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Anna L Self
answered on Nov 17, 2021

If your Mom died intestate you would be entitled to a share of probate assets. You would need an attorney to review the probate documents to tell you what you are entitled to and explain the probate process as it relates to your Mom's case. Every probate is different as to how long they take... Read more »

1 Answer | Asked in Estate Planning, Family Law, Communications Law and Probate for Oklahoma on
Q: Yes my husband's aunt died in New Mexico and her partner not married has will. Does he have the right to ask for a copy

He is the next living relative and had to send information and initials to funeral home because funeral home wouldn't let partner do it even with will stating so.

Anna L Self
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Anna L Self
answered on Nov 15, 2021

In Oklahoma he would not be required to provide a copy of the will but since she died (I am assuming she lived there) in New Mexico you should post in the New Mexico group.

In Oklahoma, if your husband was an heir pursuant to the will he would be given written notice when the will was...
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2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »

Charles Watts
Charles Watts
answered on Nov 11, 2021

You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: I have a real estate purchase agreement where the owner died before posession of property transfered

The probate was placed in probate and ordered to be sold and hasnt zold and its been 2-1/2yrs since court order

James Tack Jr
James Tack Jr
answered on Nov 7, 2021

You should contact the attorney who is handling the probate. If you don't feel like you are getting anywhere, you should consult with your own attorney to resolve the matter with the estate.

1 Answer | Asked in Probate for Oklahoma on
Q: We children inherited our parents home upon the death of our father. His second wife has homestead rights.

Do we as owners of the house pay the property tax and insurance or does our step mother who will remain in the home?

There is no mortgage on the home. The house is in Oklahoma.

Charles Watts
Charles Watts
answered on Nov 1, 2021

You may look into the will/trust that passed the home to you. But if she was granted rights to be there your failure to pay the taxes would in essence force her to move and therefore not allowed. You as the property owners are responsible for the taxes to be paid. -furthermore, even if the... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Disabled son lives in inherited home. The home is in probate. Can my son keep this home? Air-Evac wants payment.

The hospital wrote off my son's fathers bill, Air-Evac wants 64, 000 . This would mean my son would have to sell his home to pay his dad's life flight bill. Does my son have any rights since he is disabled and on SSDI ?

Charles Watts
Charles Watts
answered on Oct 20, 2021

You need to contact a probate attorney as soon as possible to give them all the details and specifics. This is not something you need to wait on or attempt to handle yourself.

2 Answers | Asked in Probate for Oklahoma on
Q: Heir of deceased parent, no will, in OK ask to oversee estate and say that there is no other heir? When there is

How can an heir legally petition court for admin of estate and in that legally bound petition say they are only heir to the estate knowing there is no will and there are 2 surviving children making them both heirs. To say they are the only heir is lying and the court also at the hearing for the... Read more »

Anna L Self
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Anna L Self
answered on Oct 4, 2021

Yes, absolutely! If you are a surviving child of the deceased you need to go to the court hearing and let the Judge know there are surviving children. If you have proof (i.e. your birth certificate) I would take that. If you don't have you can provide that later.

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: Sister petitioned ok court to be appointed administrator of estate saying there is no other living heirs! Is that legal

My father recently passed away and he had no will. The 2 surviving heirs would be me and my sister as he was not married and parents are deceased. She petitioned courts and left me out as a heir saying she was his only heir. Is this legal & what can I do? I just found out about this accidently... Read more »

Madelaine Hawkins
Madelaine Hawkins
answered on Oct 3, 2021

I'm sorry for your loss. You, as an heir of your father, have a right to part of his estate if he died without a will. Even if you were adopted later on, you are still his biological son and his heir. As an heir you should have received notice of the hearing. However, sometimes notice of a... Read more »

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