QUESTION

My brother is the PR for my mothers estate. He has basically said he does not want to be involved with it by his non actions.

Asked on Aug 21st, 2012 on Estate Litigation - Oklahoma
More details to this question:
There are rent houses, land and oil & gas royalities. He wants to sign a power of attorney to his wife to handle the estate. Is that legal? If not, what can I do to get the ball rolling on this? I do not have a problem taking over what is the best course to go.
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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Oklahoma law is very strict about what happens with estates. Your brother cannot simply name his wife to handle the estate.   He must ask the court to allow him to resign.  If there was a Will, the named successor will be named.  If he won’t ask to resign and there is not a Will or no successor Personal Representative, you can petition the court to have your brother removed as Personal Representative. At that time you can ask to have yourself appointed instead.   There is a statute, a law, that designates who has priority to serve on an estate, but unless your mother was married, you may well have the priority right. In any case, you would be wise to hire an Oklahoma estate administration and probate lawyer to at least guide and coach you. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Sep 24th, 2012 at 10:04 AM

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