Oklahoma Estate Planning Legal Questions

You can leave what you have in further trust for your daughter or her children, but this depends on the amount of your assets at the time of your death.  If the amount you will leave is $500,000 or more you can name a corporate fiduciary (ie a bank with trust powers).   However if the amount is less than this and you are unable to appoint persons willing to trustee, you could leave it to your grandchildren.  Your daughter or her husband would have to seek guardianship and report to the court on accountings of the funds but the funds are turned over to the children when they reach 18.   You need a lawyer to help you process your options.  Good luck to you.  ... Read More

that depends on a number of factors.  If this is the only asset in the estate it might be most efficient for your mother to leave a transfer on death deed to him.  However, that is a very limited deed and if he should pass before your mother it does not address a contingency plan.  If it is left to him in a will, it will mean that the estate has to go through probate court for your brother to recieve the house.  The gold standard is to leave it to him through a revocable trust.  This allows for contingent arrangements and avoids the whole court process.  Your mother of course needs other documents besides simply dealing with the deed.  She should see an estate planning attorney to review her whole situations.  Good luck to you.... Read More

I would advise you to discuss your matter with an estate planning attorney give that this is a second marriage with children. It is difficult to accomplish what you have stated because for all of those provisions to happen you both would need to pass away, which is not likely to happen typically. You would probably want to take care of the surviving spouse for their lifetime then on the second death transfer the house and money to the kids. If order to ensure that happens, you will need a trust and a pour over will. If you would like more information or have more questions regarding this, please contact my office.... Read More

You may not necessarily remove a deceased sibling's name from the deed. It depends on the words used to give the deceased sibling his share.  Two examples: His share may need to be bought from his estate, or If the words "per stirpes" were used, his share may go on to his children, if he had any.   With regard to buying your parents out, it is a purchase like any other purchase of real estate.  The value of the life estate can likely be determined with the use of life estate tables.  The price will have to appeal to your parents. To your success, Gale Allison  ... Read More

A Power of Attorney should do the trick, although it would probably have to be mailed rather than sent over the internet, because an original signature may be required. Check with the Department of Motor Vehicles, as they often have form powers of attorney designed for this specific purpose. If you can't get one there, talk to an attorney.... Read More

She would need to sign off on title, probably before a notary public. Check the title to see what is required. If it needs a notary, she may need to go to a US consulate or US embassy to do that. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.... Read More

Unfortunately, a Will does not control all assets or accounts.... You need to know what other legal documents existed but unfortunately if there was a financial account held jointly with someone else then since the account was held jointly the other holder does get the funds/monies in the account despite any Will or estate documents that exist.... Read More

From the bank perspective, it is a contract and brother is entitled to the money. In California, whether you have an enforceable claim to a portion of the funds turns on your mother's intent. If she added him only as a convenience to help her pay bills, without intending he was to keep anything left, then you may ha ve a case. Unfortunately, unless she signed a writing to that effect, or your brother openly admits that was the arrangement, proving it will be next to impossible.... Read More