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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... View More 
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... View More
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.
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... View More
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... View More
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... View More
The probate was placed in probate and ordered to be sold and hasnt zold and its been 2-1/2yrs since court order
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.
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.
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... View More
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 ?
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.
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... View More
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.
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... View More
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... View More
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
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