This question is posted in the wrong practice area. The probate section is for matters involving guardianship, deceased parties, etc. You may want to post in social security/disability.
My mother passed away over a year ago. My father has refused to probate her will. I also have a half sister, from my moms first marriage. The estate is sizeable, and we assume that my father is trying to hide something or cut my sister out. We have confirmed the will has not been entered into the... Read more »
Yes, you can force the will to be probated. According to Section 21 of Title 58 of the Oklahoma statutes, “Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or... Read more »
My mother left a will naming me as executor and splitting her estate equally between my brother and I. I have filed for Summary Administration for a mineral interest held in Oklahoma where I reside. Her only other assets are bank accounts held in joint tenancy with my brother in Arizona where she... Read more »
Because the bank accounts were held in joint tenancy with your brother, both your mother and brother owned the accounts while your mother was alive. Upon your mother's death, the account became the sole property of your brother. Therefore, the account is not part of your mother's probate... Read more »
The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »
If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject... Read more »
Will am I still intitled to this car or do I have to split it with my brother? I am the legal representative of the estate.
Maybe. Scan the will for a residue (catchall) clause that may transfer all unknown or unidentified property to you (or someone else). If there's no such clause (and no other clause in the will that might be interpreted to convey the car), then the car will pass via Oklahoma's intestacy... Read more »
Does he have to split the money with me?
Unfortunately, the answer is probably no. The insurance money is paid by contract with the insurance company and is not property of your father's probate estate. The Will therefore does not act upon those funds. Unless there are some unmentioned circumstances, your brother does not have to... Read more »
My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a... Read more »
This might help:
Title 58. Probate Procedure
Chapter 2 - Probate of Wills
General Provisions
Section 24 - Production of Will May be Compelled by the Court
Cite as: O.S. §, __ __
If it be alleged in the petition that the will is in the possession of a... Read more »
My grandmother passed away last year. I am the beneficiary as stated in her will and my mother is executor. Her house in currently in probate. I’m needing to get the deed in my name to take out a mortgage to pay her debts. How can I do that?
Generally speaking, the answer is no. The executor is responsible for inventorying your grandmother's assets and liabilities, notifying and paying creditors, and then distributing any remaining assets to the rightful heirs. If the house needs to be mortgaged or sold to pay your... Read more »
My grandparents/parents were in an accident, and both deceased. They had one living, biological child. My sister and I are also heirs. We can't afford a lawyer, and my grandpa was always the one who I spoke with about things like this. The biological daughter is the executor, because I... Read more »
This is a complex set of issues. You need an attorney to argue the executor (daughter) is not reliable and has/will exploit the estates assets for their own gain. The question is who can the court appoint as the executor instead. As I said at the outset, this is a complex argument, and you need... Read more »
My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »
Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate... Read more »
Assuming you are asking about filing a creditor claim against the estate, such claims are forever barred (in standard probate) unless presented to the personal representative or their attorney by the presentment date, which will be about two months after the notice is filed with the court clerk.... Read more »
My husband and I own our home, no mortgage and own all autos w/ clear titles. We are self employed low income, but what we have, we own. I also have a son that is 24, but not responsible to handle such matters. What is the cheapest and simplest way to make sure that our daughter gets our... Read more »
Probably the cheapest and easiest way is to create a simple revocable living trust that names you and your husband as trustees and primary beneficiaries and then names a successor trustee that takes over and manages the property for your daughter until she reaches the age you want her to receive... Read more »
My uncle passed 8 years ago and the guardian won't close estate and will not give answers regarding estate. Can we go somewhere to see documents relating to status of property and monetary assets.
The guardianship over your uncle ceased when he died. The guardian at that point should have filed a Final Account and request to formally terminate the guardianship. If the guardian did not do so, they may be held to account and possibly to pay damages for any property that has have not been... Read more »
her adult great children knew her wishes were for one of her daughters and her son in law (my mother and father) to have her house. The iems in the house went amicably to whoever wanted what. My parents lived in the house several times over the years and always kept the real estate taxes current.... Read more »
Probate will likely be necessary, but it should be cheap and quick. On the other hand, if the lot is the only property left in your grandmother's name and all of your grandmother's heirs agree to deed any right they may have in the property to your mother, you can likely avoid probate... Read more »
Pursuant to Oklahoma Statues, Title 58, Section 281 and Final Acccount-Oklahoma statues. Title 58, Sections 239 and 240
Typically, an estate going through probate must have its assets inventoried and appraised, as well as officially "accounted for" prior to the closing of the probate. However, if the personal representative obtains written consent from all heirs, he/she can ask the court to waive those tasks.
My husband’s father’s estate has been in probate for 8 years, there are four heirs. We recently filed bankruptcy and now the bankruptcy judge wants the estate dissolved. We have been trying to get the probate lawyer to dissolve it for years(we could have avoided bankruptcy if this was the... Read more »
The short answer is yes he can, but you should be contact a probate attorney or your bankruptcy attorney to address this issue.
My grandfather died in 2010, grandmother in May 2013. They left a will, that my aunt “can’t bring herself to read” and now “can’t locate”. My father, their son, passed 3 moths after my grandfather. My question is, does what was left in the will to my father go to me and my sister now?... Read more »
You make the will appear by hiring a probate attorney to help you file a petition to probate the will and to have your self appointed as executor. Once you are appointed, or maybe before then, you will have the power of the court to compel your aunt to produce the will.
This will be much easier if you hire a probate attorney to assist you. Click Find A Lawyer above and look for a probate attorney in the vicinity of where your parents had lived.
My step mom's sister in law has been "helping" us since we didnt know what to do. She's been doing sketchy stuff the whole time and when I confronted her about the bank account she said "well legally the spouse is entitled to it". Is this true or is this another one of... Read more »
It depends. First, is she on the account? Is she joint on the account, or is she just a signer? Second, is their a beneficiary or Paid-on-death listed on the account? Finally, if it is not otherwise designated through the above or through a Will, then she is is most likely the person who who it... Read more »
The property was to b inherited by my aunt . She died b4 probate was completed leaving her kids as inheritors. They evicted me from property I had lived on 10+yrs. Over a year later we were notified the probate was done incorrectly therefore invalid. Was my eviction legal
More information is needed in order to answer your question. It depends on the terms of his Will and how it was written. It may also depend on who else of your grandfather's heirs were alive when he died. Your rights, if any, may also be cut off by appeals deadlines or statutes of... Read more »
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