Get free answers to your Probate legal questions from lawyers in your area.
answered on Jan 26, 2021
Sorry for your loss. There is not enough information to fully answer your question. The answer depends upon who died when and who were their heirs. Generally, upon the death of your father-in-law, his property would go to his heirs. That would include his spouse, if any, any living children or... View More 
I have found mineral interest through unclaimed property in Oklahoma. I am the last living relative of his. Would I be entitled to the mineral interest
answered on Jan 25, 2021
You would be entitled to it if you can show you are the only heir or the only devisee (person who takes under a will) of your gandfather. In order to get marketable title now, granddad's probate would have to be finished with a decree that shows who gets the property, presumably your... View More
It say i have execited a waiver of objection to appointment of special administrator and waiver will be filed contemporaneously herein what dose this mean
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answered on Jan 24, 2021
It appears that a probate case has been (or is about to be) filed to allow your father's estate to be handled through probate, and your aunt is requesting that the Court appoint her as Special Administrator (giving her certain powers under the law to act on behalf of the estate). It sounds... View More
My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would... View More
answered on Jan 22, 2021
I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and... View More
in the land. If they don;t and tell the lawyer for the plantiffs is that good enough
answered on Jan 18, 2021
Many quiet title suits are merely for cleaning up a title that everyone agrees on. However, some are not. The safest course is to file and entry of appearance and answer to the petition.
Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.
answered on Jan 15, 2021
15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows... View More
The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.
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answered on Jan 10, 2021
It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.
My uncle is the personal rep of my grandmas estate in 09 our lawyer withdrew 3 months later and we never hired another attorney is the estate still in probate and my uncle just past away and was married to my aunt 42 years does she take over for my uncle
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answered on Jan 2, 2021
I can tell you for certain that your aunt does not take over for your uncle as executor. Executor status is not something that is ever “inherited”.
As to whether the probate case is still open, that would require a review of the case file. Some courts do close cases after a while for... View More
My father passed away in August of 2020, he left no will and owned no property or car or stocks or bonds. He did have funeral, hospital and nursing home bills that I have paid. He had 3 bank accounts (one of which was in Missouri, I was POD)which totaled more than 50,000. I was beneficiary of one... View More
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answered on Dec 17, 2020
You fill out the form based on the total accounts that did NOT have POD designations.
Do I have any legitimate claim if it had been the understanding by all parties ? Sister has POA and mother is alive and we’re both aware of his wishes.but denying my receipt of the asset. What recourse do I have .
answered on Dec 8, 2020
In a very vague answer, anything that is not specified in the will goes to the estate for distribution. If the RV is not listed anywhere, then the RV would pass to your mother as the surviving spouse due to it being marital property. There are always exceptions to the general rules and you should... View More
An order was filed on all other property. There was a waiver of general inventory and appraisal. We found the deed to the property after probate was complete. Do we need to go back through the probate process for this property?
answered on Nov 24, 2020
If there was a residuary clause in the Final Decree which covers "all other property," you should not have to reopen the probate.
My dad died 2001 and it has been in probate ever since. My mom is the executor and they were married at the time of death. She had 2 of his 5 kids.
Because she was the wife at the time. Should she automatically get half? Since that time, it has been only my mom, me, and youngest sister on... View More
answered on Nov 9, 2020
I can't fully answer this without more information. However, if your father had a Will when he died and that Will was admitted to probate then the terms of the Will dictate how the property is distributed. If he died without a will then his wife will acquire 1/2 of the property acquired by... View More
We're needing this because I'm the beneficiary and the executor has not given us any expenses of the estate. We're just days away from the final accounting hearing. I've had to do this pro se.
A home and several vehicles on the list of assets several vehicles aren't listed and the value of inventory to business wasn't included my dad told me we were to split the interest in company 1/2 to us and other 1/2 to her but she is trying to keep it all where do we stand in being able... View More
answered on Oct 21, 2020
First of all I am very sorry for your loss. In regards to your question, if there was no Will then the assets of your father would be passed pursuant to the laws of intestacy. In this case where there is a surviving spouse and children who are not the children of the surviving spouse, his wife is... View More
No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?
answered on Oct 3, 2020
I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the... View More
answered on Sep 25, 2020
I am a little confused by this question. Trusts are not instruments that are subject to probate proceedings so I’m not quite certain what is happening here. However, there is no limit to how long a probate can take. Depending on circumstances they can go on for many years.
My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... View More
answered on Sep 24, 2020
I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... View More
Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.
answered on Sep 21, 2020
Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... View More
my mother passed away in 2013 and didn't leave a will. I have a brother and a sister. i have been paying the taxes on the land and everything since 2010, do i have more right to it then they do? They have not once helped me pay taxes.
answered on Sep 21, 2020
Sorry for your loss.
If your mother didn't have Will the property would pass according to the intestacy statute. If she was single at the time of her death and all her children were living, then the likely outcome is for the children to share equally. You may have a claim for the... View More
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