Oklahoma Probate Questions & Answers

Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on
Answered on Apr 4, 2019
Kyle Persaud's answer
File an action in court to remove the trustee.

Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.

The wording of the trust may also specify in which state a trust action must be filed. If that language is in there, file in that state.

Q: Had a probate hearing beginning of March. Whats the waiting period for first payment?

1 Answer | Asked in Probate for Oklahoma on
Answered on Mar 27, 2019
Kyle Persaud's answer
Your question is unclear. What do you mean "first payment"?

Q: I'm the guardian of my 2 nieces.The dad is the est. father of 1, not the other. Are visits reqr'd for the non est child?

1 Answer | Asked in Adoption, Child Custody, Child Support and Probate for Oklahoma on
Answered on Mar 16, 2019
Kyle Persaud's answer
Before you can collect child support from this man, the man would have to be "adjudicated" the father -- that is, a judge would have to rule that he is the father.

If this man has not been adjudicated the father, is would appear that he does not have visitation rights. But, if the man is adjudicated the father, the court could give him visitation rights.

Q: Is it better to get a lawyer and a land surveyor from the city, town or county that the land is located in?

1 Answer | Asked in Probate for Oklahoma on
Answered on Mar 14, 2019
Kyle Persaud's answer
I personally think that it does not matter whether you have a lawyer or land surveyor from the city, town, or county in which the land is located.

Oklahoma real property law is the same throughout the state. Therefore, a lawyer who is competent to practice real property law in Oklahoma, should be competent to practice real property law anywhere in the state. The same with land surveyors; if a land surveyor is competent to practice in Oklahoma, he should be competent to practice...

Q: In an Oklahoma property dispute case, can the Defendant's attorney file a property lien against Plaintiff's property?

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Answered on Mar 12, 2019
Kyle Persaud's answer
If the judge ruled that the Plaintiff owed the Defendant legal fees, then, Defendant can file a lien on Plaintiff's property, in order to collect on the judgment.

What you are really contesting, is the underlying case itself. You are really questioning whether the judge should have ruled in favor of the Defendant.

What should be done to remedy this, is to appeal the judge's order. If you appeal the judge's order, you may post a supersedeas bond. The posting of the supersedeas...

Q: My grandmother died in oklahoma, but owns a house in california. She had a will, which state will probate be in?

1 Answer | Asked in Probate for Oklahoma on
Answered on Mar 5, 2019
Richard Winblad's answer
California law controls distribution of real estate within its borders. If there is no probate property (land, bank accounts, etc) in Oklahoma you should file probate in California. An Oklahoma probate would not change ownership of out-of-state real property.

Q: How long before an estate can no longer go to probate after a person dies without a will in Oklahoma? with a will?

1 Answer | Asked in Probate for Oklahoma on
Answered on Feb 18, 2019
Richard Winblad's answer
There is not a statute of limitations within which to probate somebody's estate.

If there is a valid Will, then the its distribution instructions are followed.

Intestate, is where someone dies without a Will. Then the property is divided among the heirs according to the statute in force at the time of death.

Both testate and intestate estates pass through probate. Probably qualifies for a summary probate.

Q: My mother died in an accident and left me her house in JT with ROS a year before. Can her creditors come after it?

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Answered on Feb 18, 2019
Richard Winblad's answer
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.

Q: How long do I have to get a simple affadavit to close a deceased bank account & or will I need to do simplified probate

1 Answer | Asked in Banking and Probate for Oklahoma on
Answered on Feb 10, 2019
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.

Q: I cannot afford an attorney, I’m trying to probate my mother’s will, the judges clerk sent me back my papers and said

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 28, 2019
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.

Q: My dad divorced my mom and remarried,he died without a will in Oklahoma. How do I get my share of his estate??

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 10, 2019
Reece B. Morrel Jr's answer
If a person dies without a will, they have died "intestate."

The next step is for someone to file a "Petition for Probate" and describe how a search for the will was made but no will was found.

The Probate Court then looks to the default distribution rules for heirs as described in the Oklahoma Statutes, and acts accordingly.

To answer your question directly - "How do I get my share of his Estate?" - a petition for probate must be filed.

Q: If my father has no will and owns 2 homes. One is clear one is not

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 7, 2019
Ben F Meek III's answer
I would need more information before I could answer your question.

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...

Q: Grandparent of my children asked to babysit while we remodeled and went to the court and filed for emergency cust.

1 Answer | Asked in Family Law, Child Custody, Civil Rights and Probate for Oklahoma on
Answered on Jan 2, 2019
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.

Q: 3 years after a probate i fould out there was a bank account that was not included is there a way to reopen that probate

1 Answer | Asked in Probate for Oklahoma on
Answered on Dec 17, 2018
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.

Q: Dad passed away this past July and left approx. 35000 in a bank account. I am his only child and he wasn't married.

1 Answer | Asked in Probate for Oklahoma on
Answered on Dec 11, 2018
Richard Winblad's answer
You should able to use a small estate affidavit. If the bank doesn't have one you can use. Contact an attorney.

Q: How long before an estate can no longer go to probate after a person dies with no will in Oklahoma.

2 Answers | Asked in Probate for Oklahoma on
Answered on Dec 7, 2018
Richard Winblad's answer
Paying taxes alone does not vest title in the individual. Sounds like a probate is needed to get the house sold, even if the sister resists.

Q: What would be a good reason to get a lawyer while going through the probate process?

2 Answers | Asked in Probate for Oklahoma on
Answered on Dec 4, 2018
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.

§58-5. Venue of probate acts.

§58-6. Venue in certain cases....

Q: What is undue influence over the writing of a will? What time of circumstances have been proven to be undue influence?

1 Answer | Asked in Probate for Oklahoma on
Answered on Nov 21, 2018
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.

Q: My mother married a man and they lived in OK. He did not have a Will, 17 years later the two properties never probated.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Answered on Nov 15, 2018
Richard Winblad's answer
Sorry for your issues.

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...

Q: We took a SMALL ESTATE AFFIDAVIT to the probate office to file it and they told us that they have never seen that form

1 Answer | Asked in Probate for Oklahoma on
Answered on Nov 12, 2018
Richard Winblad's answer
A small estate affidavit is usually used to claim property held by a bank or financial institution. If your case involves real estate you might need a probate.

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.