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Oklahoma Probate Questions & Answers
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
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
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
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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1 Answer | Asked in Probate for Oklahoma on
Q: Will OK county probate judges look at intent, or stick to the letter of the law?

My 82 year-old stepdad just passed, and though he and my mom (married 32 years) had a typed doc stating that in the event of either’s death, everything would go to the other, in the event of both of their deaths, everything would go to me, the document wouldn’t qualify as a will since there are... Read more »

James Tack Jr
James Tack Jr answered on Sep 21, 2021

I am sorry for your loss. Since the property is in your stepdad's name only, there will have to be probate of the estate. You should contact a probate attorney as soon as possible to discuss all of the facts so they can give your mother appropriate advice. Your mother may have homestead... Read more »

3 Answers | Asked in Real Estate Law and Probate for Oklahoma on
Q: My dad left me 6 acres in his will but I cannot seem to find out the process to transfer it to my name.

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James Tack Jr
James Tack Jr answered on Sep 15, 2021

I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in... Read more »

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: If a land owner gave me permission to remove a car from his property can the owner file charges on me

My father passed away in January and left my brother as executor of a trust. He got greedy and kept everything except an old classic car my father was storing in his friends garage. It’s been almost 8 months and the friend told me if my brother didn’t come get the car to just take it. Now my... Read more »

Anna L Self
Anna L Self answered on Aug 31, 2021

You stated that your brother "got greedy" and kept everything. Do you have reason to believe that the trust states that you get property? If so, you should contact an attorney to file a petition with the court to review the trust to determine if the property is supposed to go to your... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: Will probated in Okla, bank is requiring trust acct set up to distribute funds. Under $75k. Is this required?
Anna L Self
Anna L Self answered on Aug 20, 2021

It is an Estate account and yes you need to set one up. You will have to file an accounting with the Court before the money is distributed.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My step father is trying to force me out of my mother's home, he signed a quit claim deed in a divorce/set a side.

They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »

Anna L Self
Anna L Self answered on Aug 18, 2021

If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!

2 Answers | Asked in Probate for Oklahoma on
Q: What are the requirements for a simplified probate procedure in Oklahoma and how does it it work?

Grandfather died years ago and left a house to his children, but there's no will. My mom became executor and completed to probate process in California where he lived al so I'm looking into getting it started here. I just read there's a simplified process that we could do if either... Read more »

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd answered on Aug 11, 2021

If the house is in Oklahoma and your grandfather passed away in another state or his Oklahoma assets were below $200,000, you should qualify to do a summary administration (a shortened probate process). So long as no one contests you starting the probate process and being named as Personal... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: How do I address the courts that my husband didn't die single & we currently live in our home we bought several yes ago.

He had no will & I wasn't added to the deed on our home. Myself & kids have lived in our home & currently still do. Husband has 1remaining heir and to their belief he passed away single when in fact he did not. Probate court date is days away & I need to know how to address the... Read more »

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

Yes, you need to go to the Court hearing and tell the Judge what you posted. If you have your marriage license take it to the hearing, so you can prove you are married and a copy of the deed to show that the home was purchased after the marriage. If you don't have the documents, just tell the... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Intestate probate bars felons from being appointed Personal Representative, even after Judge Coleman knew?

There is blatant embezzlement with all financial accounts deposited in her personal account since said appointment

and almost all personal property being taken to the dump.

Anna L Self
Anna L Self answered on Jul 12, 2021

If you are an heir you have an interest in the estate and could hire an attorney to review the evidence of embezzlement. That would allow you to file a motion to try to get her removed as the personal representative.

1 Answer | Asked in Probate for Oklahoma on
Q: in a probate case can I go in front of judge and ask for more time to find an attorney along with the covit 19 it has be

is there an affidavit to fill out for this request

James Tack Jr
James Tack Jr answered on Jun 24, 2021

The answer may depend upon where the case is in the probate process. It is not clear from your description what has happened in the case so far. However, such a request would properly be made by a written motion, which is generally granted unless parties would be prejudiced or it would unduly... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

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

A probate may need to be filed. You would need an attorney to review deeds, bank accounts, etc. to determine if probate would need to be filed. Without a will, the estate passes according to Oklahoma statute. If deceased has no spouse or living children or deceased children with children, then the... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 14, 2021

This is not a question that can be answered or resolved on a free online forum. You will need two Oklahoma attorneys who can help you with this - a probate attorney and an oil and gas attorney. If you would like some recommendations, write to me directly at nina@cumberlandlegacylaw.com and I can... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My grandfather died in 1988 in OK. A probate was initiated but never finalized. Is there a remedy?

My Grandfather left a will. The probated was hotly contested but then never finalized. The person (my uncle who was cut out of the will) who contested and pretty much subsumed the estate has now died. A year before his death he informed my father he had never finalized the probate of their father... Read more »

James Tack Jr
James Tack Jr answered on Jun 9, 2021

An attorney would have to review the entire probate and any other related transactions to see if there were any cause of action. Unjust enrichment is an equitable action and subject to equitable defenses such as laches. Unjust enrichment is an action that is highly dependent on the the facts and... Read more »

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