Get free answers to your Probate legal questions from lawyers in your area.
My grandmother passed away 2.5 years ago, leaving behind a vehicle with a loan solely in her name. She and my parents lived together and shared the vehicle. Since her death, her bank has accepted payments from my parents, aware of her passing. However, when my mom went to make the monthly payment... View More 
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answered on Apr 2, 2025
Mother is not the notemaker so no personal liability. But if note is secured as a lien on car title, then lender can repossess the collateral. Unless car is very valuable, it may be prudent to let bank have it. If bank sues for note deficiency, then defend that Mother has no liability, actual... View More
I want to know if the children from a deceased sibling will inherit their parent's portion of an estate when a decedent died intestate without a spouse, children, or parents. The decedent had seven siblings, six are living, and one is deceased. There are no existing wills or legal documents... View More
answered on Apr 1, 2025
The rule of intestacy in Oklahoma has specific rules. The first person on the list is the spouse of the deceased, and then any children (even adopted OUT children receive) of the deceased, or heirs of those classes (so grandchildren would take if the children had predeceased). Then if there is no... View More
My adult son died without a will. He had a mortgage on his home. If I am named executor and am willing and able to take over his mortgage payments can the bank take the house if it's worth more than he owes?
answered on Jan 10, 2025
I am sorry for your loss. When your son died without a will, his property passes by intestacy to his heirs at law. Those generally are his spouse, children, parents, if any. Their right to take is dependent on a variety of factors. If the mortgage payments are delinquent, the bank could seek to... View More
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More
answered on Oct 7, 2024
If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More
I've been paying the taxes on it for years
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answered on Jun 22, 2024
To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:
1. File a petition for probate in the county where your father resided or where the property is located.
2.... View More
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
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answered on May 31, 2024
Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
answered on May 31, 2024
Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would... View More
My parents have no will I am the only child that shares both parents. They passed with no will. Can I I herit the property. It's just the house bo assets
answered on May 8, 2024
If you are legally adopted through the courts, then you are considered a child with the same rights of a naturally born child. This does not mean you are guaranteed the house, but it does mean you potentially have a rightful share in the home. You should contact an estate/probate/family law... View More
I want to pay off my deceased grandmother's vehicle loan, but the bank is requiring that a separate personal loan is paid off at the same time. The two loans are unrelated, and there were no agreements regarding their repayment. The bank was informed of her death 2.5 years ago and has been... View More
answered on Apr 2, 2025
You may have to open probate and force them to file a proof of claim on each one. Ultimately, they cannot force them to be paid together but it’s going to be a headache either way.
My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More
answered on Feb 22, 2025
You need to contact a probate attorney in your area to see if a probate was ever filed for your father and if so when and how was the property disposed of. You may be outside statute of limitations to protest it if there was a probate already finalized.
There were 98,000 dollars and how did Sam Kelly inherit allotment from Jennie shouldn't it gone to her children not the guardian who was the beneficiary of her estate in trust
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answered on Feb 2, 2025
Noone could answer a question like that here, so hire an OK attorney to look into it. If there was a Probate then read the file at Court. Title searches may be needed. Trustee of Trust might need to be asked questions. SOLs may bar suits against the fiduciaries.
Before her death or have paper filed placing the 20 acres in a grandsons name due to her death. What will I have to do to get it put in my or the grandsons name I was Power of Attorney for her at time of death will I need siblings approval. The grandson and I have paid bills and taxes at her 20... View More
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answered on Dec 9, 2024
It sounds like you are not the only heir at law. Hire an OK attorney to search title, determine heirship. and then the heirs can come to an agreement about who is to have fee, continue to share ownership as tenants in common, or partition it. POA ended at principal's death.
Purchased a house 2009, parents never put a dollar towards house, now sibling out of vengeance trying to pull my house in, when my father said it was my house and did not list it in his Will, because he never considered himself a owner . This is in arkansas
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answered on Nov 8, 2024
Was the will probated? If not then it has no effect. Then the heirs at law own the property, and yes, each heir can demand a Partition in Court. You might argue your contributions entitle you to a larger share from the net proceeds of the sale. Hire am AR lawyer to search the title and... View More
Five years ago, my grandmother "sold" me her house for $5 to get it out of her name and avoid probate if she were to pass because she wants me to have it. She's continued to live in it though I pay all property taxes, etc. Recently she's let my cousin's son who is 16 move... View More
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answered on Oct 9, 2024
Hire an OK attorney to determine potential heirs. Those actual heirs have a right to occupy the premises, and sue for possession from anybody else.
my adopted dad passed in 2008 and my mom in 2018 brother refuses to split all. The only 2 that were mentioned of getting nothing in the will was my 2 boys. My brother says I am not a heir because I was adopted by my moms husband. we all have the same mom biologically. Brother sold thier property... View More
answered on Jun 19, 2024
You are an heir at law of both your adopted father and your biological mother. But if your parents had a Will, heir estates pass in accordance with what each Will says.
my adopted dad passed in 2008 and my mom in 2018 brother refuses to split all. The only 2 that were mentioned of getting nothing in the will was my 2 boys. My brother says I am not a heir because I was adopted by my moms husband. we all have the same mom biologically. Brother sold thier property... View More
answered on Jun 19, 2024
You are an heir at law of both your adopted father and your biological mother. But if your parents had a Will, heir estates pass in accordance with what each Will says.
I live in Oklahoma. My mom passed away in 2019. She had a Pour over will and trust. Her home was deeded into the trust and the transfer of everything went smoothly without probate. However, after all was said and done, my brother and I realized my mom had inherited a piece of land (1 acre lot in a... View More
answered on Jun 18, 2024
If that piece of land was not part of the trust, then it now has to go through probate. There’s nothing else than can be done now.
Wills said I get 40 percent and she get the rest and it's been two years I haven't received anything.
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answered on May 14, 2024
Hire an OK attorney to probate the copy of the latest Will. But it is important to have some idea of the assets involved as it may not be worth it.
When he bought this house he didn't want my mom anywhere on the note because he wanted to make sure my sisters had no rights to any of it. He died two years ago. My mom says she has "survivorship" but I don't know what that means. The mortgage still Comes in his name as she... View More
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answered on Feb 14, 2024
Hire an OK attorney to search the title and determine the estates created. Then you will know who owns the property later when certain different events occur.
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