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Oklahoma Probate Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Oklahoma on
Q: How can I get my part off my inheritance of my sister's won't sell house my mom left us all? They are living in it.

My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 20, 2023

If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: Grandmother had 5 acres and had no will and passes. Has 5 kids left behind and wanted each to have 1 acre but never

Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?

John Michael Frick
John Michael Frick
answered on Dec 24, 2022

Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.

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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Nina Whitehurst
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... Read 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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Anthony M. Avery
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... Read 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... Read 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... Read more »

Nina Whitehurst
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Nina Whitehurst
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... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in OK and i live in AZ. I'm trying to petition for summary administration

I'd also want to do a simplified small estate probate

James Tack Jr
James Tack Jr
answered on Sep 7, 2022

I am sorry for your loss. Oklahoma does has a summary administration procedure. You should contact a probate attorney to see if that is an appropriate procedure for your dad's estate.

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Having problems with my late mother in laws auto insurance agent/company

When my Mother in Law passed we contacted her insurance agent to cancel her policy. He told us it was cancel and we left it at that, the next month we notice that the insurance company is continuing to take money out of the account she shared with my husband We contacted the agent again, he said... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2022

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your mother-in-law. The estate and probate attorneys here would probably have the most insight on this. A starting point could be to bring the matter to the attention of the executor... Read more »

1 Answer | Asked in Family Law and Probate for Oklahoma on
Q: My husband and I have been perfectly happy. My step daughter won't let me stay with them. What can I do to sue her

My husband has cancer and I have been his sole caregiver . Nobody in his family helped with anything.now that he's about to get his social security benefits she told him to move in with her and told me I can't stay with him. My husband is recovering from cancer so I would never want him... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 27, 2022

You should seek help from an experienced local probate attorney, who can file for guardianship of his person and estate. It should be no problem being appointed. You can then move husband back home.

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Oklahoma on
Q: My husband passed away a month ago and his family is not allowing me to go to my house. Can they make me leave?

They also closed his bank account after telling me that I couldnt because it was going to probate which it did not. My inlaws live directly behind us so they claim that I cant be on family land. We have a mortage through Choctaw Nation as Iam a tribal member but the deed is in his name only. Weve... Read more »

Charles Watts
Charles Watts
answered on Jul 27, 2022

Sorry for your loss. Losing a loved one is hard enough by itself but then to have family issues on top of that makes it worse. Based on the limited amount of information you gave you need to contact an attorney as soon as feasible because you most likely have more rights than they are claiming you... Read more »

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can a notary notarize their own quit claim?

The day before my dads death in 1996, my stepmom notarized her own quit claim with her notary stamp. My first question is if that is or was legal then. My second question is what benefit would it be since the quit claim basically added her in the second party JTWROS since they were married at the... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jun 19, 2022

Definitely not. A notary public may not notarize his or her own signature.

1 Answer | Asked in Probate for Oklahoma on
Q: In the State if Oklahoma. A single man dies with no will. If no family files in probate what happens?

The man has a surviving sister and niece and nephew from deceased sister.

David A. Cincotta
David A. Cincotta PRO label
answered on Apr 28, 2022

The short answer is that "it depends." There are situations in which no probate is necessary. However, there are often times that family does not file probate and years down the road they find out that they should have. I would recommend you contact a probate attorney in or around the... Read more »

1 Answer | Asked in Criminal Law and Probate for Oklahoma on
Q: Can u get a bond with two revocations on a fifteen year sentence
Tracy Tiernan
Tracy Tiernan
answered on Mar 14, 2022

I think we need a bit more information to give you some clear direction, but it sounds like you have violated a couple of probations and the state has filed a couple of Applications to Revoke perhaps? If that’s correct, and if you haven’t confessed the apps or conducted the application hearings... Read more »

1 Answer | Asked in Insurance Bad Faith, Estate Planning, Family Law and Probate for Oklahoma on
Q: How can I find out about my life insurance policy through Massachusetts Indemnity and Life Insurance Company?

My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 9, 2022

If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... Read more »

2 Answers | Asked in Family Law, Adoption, Identity Theft and Probate for Oklahoma on
Q: how do i get a quiet title ran for monies left unclaimed at the oklahoma treasury office in my deceased parents name
Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Feb 2, 2022

The first step is to file a claim form with Unclaimed Property. After a caseworker is assigned to your case, they'll instruct you on the documentation needed to release the funds. I would recommend reaching out to an attorney for further help if the caseworker tells you that you need to show... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Next of Kin laws/probate

My aunt was adopted by my biological grandfather before I was even born. We never believed less than blood relation. In her passing, she has family disputing my relationship; "step" is what they're saying. She may have had a will, but that family has taken several documents from her... Read more »

Charles Watts
Charles Watts
answered on Dec 30, 2021

You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: What are my rights? Brother won't speak with any siblings. He put it in probate. Mother died end of Sept.

She had no will. Owned her land and home had 56000 in one account. and other account not sure He was appointed special administratior over her estate in one day. Now what happens? He's living in her home with his wife. He owns property next door and lives in TX. There are 5 of us. I just want... Read more »

Anna L Self
Anna L Self
answered on Nov 17, 2021

If your Mom died intestate you would be entitled to a share of probate assets. You would need an attorney to review the probate documents to tell you what you are entitled to and explain the probate process as it relates to your Mom's case. Every probate is different as to how long they take... Read more »

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