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Oklahoma Probate Questions & Answers
2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My father passed away in 2020. My stepmother remained in his house per his wishes.

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?

Timothy Carignan
Timothy Carignan
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

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2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My father passed away in 2020. My stepmother remained in his house per his wishes.

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?

Anthony M. Avery
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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

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Dad adopted me. He and Mom die. Does that give me the right to inherit their home . No will

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

Charles Watts
Charles Watts
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

1 Answer | Asked in Probate and Estate Planning for Oklahoma on
Q: Ivneed someone to explain a trust to me. My mother passed away and I'm having issues with her home.

She left her home to my son who's now trying to kick me out when I've been there for 22 years and I'm disabled.

James L. Arrasmith
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answered on Oct 15, 2023

A trust is a legal entity that holds and manages assets for the benefit of specific individuals or entities, known as beneficiaries. The trust is created by a grantor (in this case, your mother) and is managed by a trustee, who is obligated to act in the best interests of the beneficiaries... View More

1 Answer | Asked in Estate Planning, Probate and Family Law for Oklahoma on
Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?
T. Augustus Claus
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answered on Sep 18, 2023

In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More

1 Answer | Asked in Probate for Oklahoma on
Q: In the state of oklahoma, if there is no named beneficiary on life insurance policy, but the deceased is married ....

(for 2 months) who gets the money?

Charles Watts
Charles Watts
answered on Apr 13, 2023

If the life insurance does not state a beneficiary would be highly unusual the way the insurance companies work, so that should be researched more. Assuming there is not one listed, then the policy would most likely pay the decedants estate and then the proceeds would go through the normal process... View More

2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 11, 2023

Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?

A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death....
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2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More

Charles Watts
Charles Watts
answered on Apr 13, 2023

She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... View More

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: my dad committed suicide on december24,2022. im his only child,he left no will. he owned a house free and clear in ok

I live in California the property's in ok. what do I do to get property's in my name

James Tack Jr
James Tack Jr
answered on Apr 4, 2023

I am sorry for your loss. Unless the property was in joint tenancy or had a transfer of death deed filed, you will have to have an estate proceeding to pass good title to real property to either the heirs or to a purchaser of the property. Your buyer will not be able to get a title policy without... View More

1 Answer | Asked in Real Estate Law, Elder Law and Probate for Oklahoma on
Q: I live in my parents 2nd home in Oklahoma and am inheriting it eventually. Mom died 2019. Dad is 88.

My dad lives in Texas with my sister, her daughter and granddaughter. They have robbed him blind and I was called by Edward D Jones rep and told that they were using his money fast. I reported to APS. I was informed they already had open case and saw several problems. So my sister and her family... View More

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

Road trip.

It is definitely time for you to come visit your dad.

There are clearly several matters which need to be addressed.

1. If your mom is dead, you need to make certain her estate has been properly probated in the county where she was living when she died.

2....
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1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: Can I become executor of my deceased mothers land without a will in place?

I am one of 4 siblings. My mother passed and did not have a will. She was common law married but the land was purchased before the marriage and was only in her name. I have been paying the taxes on the land since she passed. What can I do to obtain the land since I am caring for it?

Charles Watts
Charles Watts
answered on Jan 10, 2023

Contact a probate attorney. These can be complex issues, and with a spouse involved (common law or not) the date the land was purchased is not relevant (it would be in the event of a divorce but not necessarily in death) - But first thing is the estate (land and all other belongings) needs to be... View More

1 Answer | Asked in Estate Planning, Adoption and Probate for Oklahoma on
Q: I need help locating the Oklahoma statute about children who have been adopted out in regards to intestate succession.

I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or... View More

Charles Watts
Charles Watts
answered on Jan 10, 2023

Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK... View More

1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My spouse filed for divorce without my knowledge. We were separated for 3 months and he died before the divorce court

Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?

Charles Watts
Charles Watts
answered on Dec 24, 2022

If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: IF THE FAMILY TRUST TRUSTEE GIVES FAMILY MEMBER DURABLE POWER OF ATTORNEY CAN THEY SELL PROPERTY

THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .

Nina Whitehurst
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answered on Dec 14, 2022

POA from trustee will not work because fiduciary duties are not delegable. Look at the trust instrument for provisions will respect to removal of incapacitated trustees, trustee resignation, trustee succession, and appointment of successor trustees. If that doesn’t work then you might have to go... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: IF THE FAMILY TRUST TRUSTEE GIVES FAMILY MEMBER DURABLE POWER OF ATTORNEY CAN THEY SELL PROPERTY

THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .

Anthony M. Avery
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answered on Dec 13, 2022

Most buyers would reject such a conveyance, as Title at best would be questionable. It would be much better for a Successor Trustee to take over managing the Trust. Read the Trust Instrument for relevant terms. Hire an OK attorney for advice and if necessary, sue the Trustee for Removal for... View More

2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

Richard Winblad
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Richard Winblad
answered on Nov 21, 2022

Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have... View More

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2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

James Tack Jr
James Tack Jr
answered on Nov 22, 2022

You should talk with an oil and gas attorney who is familiar with mineral transactions. Most mineral buyers are reputable, but not all. The easiest way to determine the value is to have several mineral buyers quote a price. Determining what you own can sometimes be difficult and expensive. If you... View More

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Bank of America won't accept Holographic will. It is entirely handwritten, dated and signed by the deceased.

Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... View More

Nina Whitehurst
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answered on Oct 21, 2022

The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... View More

2 Answers | Asked in Probate for Oklahoma on
Q: I was adopted legally by my dad my brother says I get nothing because I was adopted and not a heir

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

John Michael Frick
John Michael Frick
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.

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2 Answers | Asked in Probate for Oklahoma on
Q: I was adopted legally by my dad my brother says I get nothing because I was adopted and not a heir

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

John Michael Frick
John Michael Frick
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.

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