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... View More 
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... View More
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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... View More
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... View More
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... View More
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.
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... View More
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!
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... View More
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... View More
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... View More
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... View More
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.
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.
is there an affidavit to fill out for this request
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... View More
Person has no spouse or children. But has living mother and siblings.
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... View More
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... View More
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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... View More
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... View More
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... View More
Not sure if there is a will or not. My sister was making house payments with moms money, mom died last month and she hasn't made the house payment. What can I do to prevent losing the house for non payment with her living in it?
answered on Jun 7, 2021
You can make the mortgage payment yourself - the mortgage company won't care who makes the payment as long as it is paid. You should get a probate on file so the PR will have the authority to discuss the mortgage with the mortgage company. Through the probate you can get the house sold and... View More
One of two siblings dies…are the children of the sibling that died entitled to their father’s portion of his father’s (their grandfather) estate?
answered on Jun 3, 2021
I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... View More
I am beneficiary of two money market accounts and on his checking accounts. He had a woman living at his home who had undue influence on him. He was elderly and felt sorry for her. He had lawyer draw up a Transfer Upon Death to turn over his house to this woman upon his death. He died April... View More
answered on May 10, 2021
Sorry for the loss of your friend. The transfer on death deed must be acceped by the beneficiary by filing an affidavit within 9 months of the date of death. If that is not done, the real property becomes property of the Estate. If that is the case, the estate would have to be probated for good... View More
I have helped him for 6-7 years on his farm without pay. He purchased these item for me. Said they were mine. He passed away suddenly from covid. I'm in his will due to my dad being deceased. Im to inherited 1/4 of his estate. Now the aunt has add these item to the probate. I also have alot... View More
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answered on May 1, 2021
If you can PROVE that your grandfather gave these things to you during his lifetime, a probate attorney can help you get them removed from the probate inventory and transferred to you.
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answered on Apr 30, 2021
There are a lot of missing facts here but if you can PROVE that your grandfather gave those to you during his lifetime then you Should hire an attorney to help you get it off the probate inventory.
answered on Apr 29, 2021
This is an issue of getting the decree indexed against the land not a fatal defect in the decree. Attach the decree to an affidavit with the legal.
Okla affidavit of heirship requires a 10 yr waiting period, what is another option with a shorter waiting period?
answered on Apr 27, 2021
You need to do a probate of the estate. This is because mineral interests are an interest in real property and to pass marketable title you have to have to probate of the estate. The affidavit of heirship is for severed mineral interests and is a method to obtain marketable title if the affidavit... View More
All children of my parents are dead I’m the only living child, do I get the house if no will or do I have to split it with nieces and nephews?
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answered on Apr 24, 2021
There are too many facts missing from your recitation of them to answer your question. How is the house titled? In what order did the parents die? How far apart were their deaths? How long after that did your brother die? Did he have any children? Do you have any other siblings? Did either of... View More
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