Richard Winblad's answer Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.
Richard Winblad's answer Probate matters are complex, it is difficult to comply with the requirements without having experience. While you might find some forms at the local law library in the courthouse, the real task is knowing what to file and when. Many attorneys handle probate estates on a flat fee basis. Check in your area.
The most important question is: How are your father's real properties titled? If he owns one or more of them as a "joint tenant with right of survivorship" and your father dies first, his co-owner will be left as the sole owner of each such property when your father dies. If that happens the property would not be subject to your father's will and would not be passed to his heirs by intestate succession. On the...
Doak Willis' answer Immediately hire you an attorney who practices guardianship law and family law. Emergency guardianship may be hard to get by them unless they can show your children are in imminent danger to their health, safety, or possible death.
Richard Winblad's answer Many final orders include "after discovered property" language that may take care of the issue. If it does, obtain and present the bank with a certified copy of the order. If this does not do the trick, you may need to reopen the case.
Richard Winblad's answer Don't just get an attorney, get a probate attorney. It is a complicated process there are about 1100 probate statutes. In addition, an attorney should understand title issues. But people do manage to get through probate without an attorney. Here is a sample of the statutes:
2017 Oklahoma Statutes
Title 58. Probate Procedure
§58-1. Probate jurisdiction and venue of district court.
Doak Willis' answer There are many different conditions surrounding the signing of a Will that could amount to undue influence. Usually the person exerting that undue influence is a close family member or friend. An attorney would have to hear the facts of your victims en situation in order to determine whether a case can be made on those grounds. There are too many different scenarios that encompass undue influence to answer here. Seek a good attorney and tell him/her the facts that you have.
Unless your mother holds title to the property she cannot sell them. It sounds as though a probate would be needed. Depending upon the situation, your mother be required to share the inheritance with the husband's children (if not alive their descendants).
A summary probate process may be possible which would in all likelihood not require anybody to travel to Oklahoma.
In the meantime, Alabama may not hold the property to be a resource if...
Richard Winblad's answer 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.
Richard Winblad's answer There are many. Primarily if there is property that cannot be transferred without an order of the court. There are times, however, when probate might not be needed. Visit with an attorney about your situation.
Richard Winblad's answer 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.
Richard Winblad's answer 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.
There is not a statute of limitations to file a probate action. If your mother had no Will or Trust then the rules of intestacy determine who inherits her assets including her home. You should visit with an attorney.
Richard Winblad's answer If done properly you will not need court supervision. If things were left out of the trust you might need to file probate. You should have it reviewed by an estate planning attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.