This may sound a little archaic, but there will need to be a companion case filed in Oklahoma. These are often referred to ancillary probates. These can typically be handled without the need to travel to Oklahoma. May attorneys charge a flat fee assuming that case will not be contested. The... View More

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answered on Sep 5, 2025

You must hire an attorney in whatever State the house is in. He needs to conduct a title search, determine ownership, and if a cause of action lies, file suit for Ejectment, Quiet Title and possibly Partition, against any claiming exclusive ownership against the actual Tenants In Common. It will... View More

The probate process has a lot of different requirements or deadlines. You could likely qualify to use a shortened probate process called a summary administration if the only asset that you're dealing with is a mineral interest. It's wise to contact an attorney to assist you through this... 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

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

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

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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

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

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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

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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

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

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

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answered on Nov 10, 2025

You get your names on title by probating your grandmother’s will in Oklahoma, in the county where she lived or where the land sits if she lived elsewhere. If the estate qualifies, you can use Oklahoma’s summary administration to move faster; otherwise a regular probate will be required.... View More

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answered on Oct 27, 2025

In Oklahoma, the law can override a will that appears valid, even when the signer had full capacity.

A surviving spouse may invoke statutory rights—an elective share in marital‑acquired property, homestead occupancy, a family allowance, and exempt property—that override contrary will... View More

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answered on Oct 27, 2025

You’re right to be cautious, because even a facially valid will can be refused or limited in Oklahoma if the court finds defects in execution, proof, or later legal events that override it.

If the will wasn’t executed with Oklahoma’s required formalities—proper signature and... View More

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answered on Oct 27, 2025

Even with a properly executed will, you face Oklahoma title and probate statutes that can override the document’s exact phrasing. Non‑probate transfers—such as a transfer‑on‑death deed, joint tenancy with right of survivorship, or pay‑on‑death designations—take precedence, so... View More

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answered on Oct 19, 2025

Any tenant in common can file an action for partition.

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answered on Oct 17, 2025

In Oklahoma, if all of the deceased person’s assets were properly transferred into a revocable living trust before their death and there are no disputes, you generally do not need to make any court filings. A trust is designed to avoid probate, so the trustee can handle the administration... View More

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answered on Oct 14, 2025

You can enforce Phase IV only if those lots were actually subjected to the recorded declaration—typically by a written annexation instrument executed by the declarant and recorded before or at transfer—or if the Phase IV deeds and plat unambiguously incorporate covenants that run with the land... View More

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answered on Oct 13, 2025

It’s very important that you do **not** remove, hide, or take possession of any property that could still be considered part of your husband’s estate, even if it wasn’t listed in the probate. Doing so could expose you to legal trouble, including accusations of **theft, concealment of estate... View More