Lawyers, Answer Questions  & Get Points Log In

Oklahoma Probate Questions & Answers

1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Oklahoma on

Q: grandmother died in 1902, prior to receiving patent deed, with no will. received heirs deed, can i file probate?

Richard Winblad answered on Aug 15, 2019

Generally, yes, a probate can be filed irregardless of how long somebody has been deceased. The question is whether such a probate would fix the title issue you have.

1 Answer | Asked in Probate for Oklahoma on

Q: I wasnt notified of my mothers estate being sold in probate..anything I can do?

Richard Winblad answered on Aug 14, 2019

If this involved real property in which the "probate estate" had an interest, then you should have either consented or been notified. Locate an attorney in the county where the probate occurred to check out your options.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on

Q: Will an irrevocable trust protect a house from the owner's credit card debts?

My grandmother has an irrevocable trust, she is the Trustor and Primary Beneficiary. My mother is the Trustee. My grandmother has over 50k in credit card debt. My mother is an authorized user on some of the credit cards but she is not a co-signer or co-owner of any of them. When they created the... Read more »

Nina Whitehurst answered on Aug 8, 2019

There is no way to answer your question without reviewing the trust and also investigating other facts, like what her balance sheet looked like when the trust was created. Your best bet is to invest in a consultation with an experienced probate attorney.

1 Answer | Asked in Probate for Oklahoma on

Q: My dad died and intestate in February. I haven't had the money to file for probate. He owe 7000 on his $70,000 home

He has the money in his savings account but even after I filed and got the EIN number the Bank says I still can't use it to pay off the house. I can't keep paying these payments what can I do

Doak Willis answered on Jul 28, 2019

IF YOU FILED THE PROBATE AND WAS APPOINTED AS THE PERSONAL REPRESENTATIVE OF THE ESTATE, you should be able to access the bank funds to make the payments. Talk to the bank again or better yet have your attorney talk to them.

1 Answer | Asked in Probate for Oklahoma on

Q: Can my mothers husband keep everything that belonged to her after her death if there was no will just because he thinks

everything she acquired before as well as after their now belongs marriage to him simply because he was her husband at the time of her death. Even things that were acquired while she and my father were married, as well as things that belonged to my grandmother that were given to me when she died... Read more »

Doak Willis answered on Jul 23, 2019

No he cannot keep all of the property she acquired before marriage or by inheritance. He would be entitled to a share.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on

Q: My dad passed away in March 26th 2019. My dad was married to his 2nd wife for 30+yrs. He had a will.

We were not notified until after his death. How can we obtain a copy of the will. He lived in Haskell Oklahoma.

Can we also contest the will?

Doak Willis answered on Jul 23, 2019

You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on

Q: My father passed away. He had a will and I am the execator . The will just states to divided everything equal among my

among my two sisters and me. How long do I wait to divide to see if any bills come in. He didn't owe anything. Didn't have much

Hans Otto Lehr answered on Jul 12, 2019

If he has an actual will, not a trust, you'll need to file a probate action and present the will to probate Judge to get an order from the Court to divide up the assets. Having an attorney to help you will ensure this is done as quickly and efficiently as possible. However, there will be... Read more »

1 Answer | Asked in Probate for Oklahoma on

Q: $30,000 in a sole bank account. Descendent left pour over will for all assets to go into his trust. Probate or ?

My father passed. I am/was his POA so was removed from acct. I am Trustee for myParents trust. My mother is surviving and I’m her POA as well. Since he had pour over will do I need to go through probate? All other funds in Trust except my mother’s surviving SS bene (I am Rep Payee) and... Read more »

Richard Winblad answered on Jul 8, 2019

If his account wasn't in the trust, no joint owner or Payable on Death Beneficiary, then you will probably be required to probate the estate. It sounds like a summary probate would be appropriate in this situation.

4 Answers | Asked in Estate Planning, Tax Law and Probate for Oklahoma on

Q: My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?

I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »

Richard Winblad answered on Jul 8, 2019

Sorry for your headaches.

I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,...
Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Estate Planning, Patents (Intellectual Property) and Probate for Oklahoma on

Q: Mother died in 2008 no will daughter been paying taxes on land acreage a14 years how do I get it in my name

Richard Winblad answered on Jul 8, 2019

If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on

Q: Woman has oil interest in OK. Died 1965. Intestate. 1 son/heir. No rec of convey but 1 1976 OGL in his name. Same legal.

Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash bonuses & royalties in... Read more »

Richard Winblad answered on Jul 3, 2019

This is hard to say without reviewing the records and the Will.

Was the Will actually probated? Some wills are invalid for various reasons.

However, it is likely that 3rd wife's heirs at law would be entitled to the interests.

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Oklahoma on

Q: Oil and gas leases in a minors name with listed custodians on it, what rights do they have as non legal guardians

Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.

Richard Winblad answered on Jun 20, 2019

If the children are now adults they may want to pursue a quiet title action against the grandparents.

1 Answer | Asked in Probate for Oklahoma on

Q: My grandmother didnt mention me by name in her will and i have been named a legal heir. What does this mean for me?

She did list my mother in will as her daughter but my mother has died.

Richard Winblad answered on Jun 11, 2019

Your question is missing some context here, such as whether there is an active probate.

Although your situation may be different, most individual who create a Last Will and Testament name their children as the primary beneficiaries. There is typically a clause that addresses the situation...
Read more »

1 Answer | Asked in Probate for Oklahoma on

Q: I'm a Licensed Realtor & I have been appointed by the court as personal representative of my father's estate. House is

under contract. Am I allowed to receive a commission on the sale since I am the personal rep of the estate?

Ben F Meek III answered on Jun 7, 2019

Probably yes but you should obtain court approval to protect yourself and the estate. You have a fiduciary duty to the heirs/beneficiaries and self-dealing in such a situation should be fully disclosed and approved by the court. Even if the listing agreement predated the probate filing. Your... Read more »

1 Answer | Asked in Family Law and Probate for Oklahoma on

Q: I'm dealing with some personal issues from the death of my Daddy. He died in March of 2017. My stepmother has done her

best to remove me from his life from the beginning. I hadn't seen or talked to him since May 6, 2010. I was banned from the funeral and even my half-brother wasn't allowed to speak. We received nothing, no notification on division of property, her and her daughter have taken up residence on the... Read more »

Melissa Oxford answered on May 24, 2019

It depends on if your father had a will or not. I recommend speaking to a probate lawyer.

1 Answer | Asked in Probate for Oklahoma on

Q: how would a property sale be handled that occurred about 20 years ago but a will was found and now going thru probate

The will gave the property to 3 heirs one heir sold their portion of the property via quit claim deed. The buyer at that time sold the whole property to a new buyer with a Joint Tenancy Warranty Deed. I recently found my Grandfather's will and it is going through probate.

Richard Winblad answered on May 15, 2019

If this is in Oklahoma there may significant title issues. Unfortunately this question is too involved for a response in this forum.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on

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.

The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... Read more »

Kyle Persaud answered on Apr 4, 2019

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...
Read more »

1 Answer | Asked in Probate for Oklahoma on

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

Kyle Persaud answered on Mar 27, 2019

Your question is unclear. What do you mean "first payment"?

1 Answer | Asked in Adoption, Child Custody, Child Support and Probate for Oklahoma on

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?

He was told by judge that paternity needs to be done at his cost. It's been 8 months since hearing. The parents are not married and the mother was married to another man at time of conception. The mother's husband was not on child's birth certificate and does not claim child but the other man does... Read more »

Kyle Persaud answered on Mar 16, 2019

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...
Read more »

1 Answer | Asked in Probate for Oklahoma on

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

Dad passed away without leaving a will. Mom/ widowed wife is still alive. we live in okc but the land is in antlers ok. we know that a neighbor has rebuilt his fence on our land, hence taking land away from us.... im guessing encroachment or homesteading???... its only 10 acres but i am needing to... Read more »

Kyle Persaud answered on Mar 14, 2019

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,...
Read more »

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.