QUESTION
My mother passed away 34 yrs ago and her spouse was residing in the house. The house has no one else''s name on the deed except my mother.
Asked on Aug 21st, 2012 on Estate Litigation - Oklahoma
More details to this question:
Since I am her only heir I was told that I was entitled to the house now that the spouse has passed away as well. I am trying to find out what your retainer fee is and if that information is true. I have her death certificate and her spouse''s obituary. There was supposed to be a will and her wishes were that the house be sold and divided 3 ways between her spouse, my sister and myself. Now I am the only one left. Do I need to split the earnings from the house being sold between his children? How can I attain the house? Is there a way to get his children out of the house?
1 ANSWER
Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK
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Gale Allison, PLLC
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Was there no probate of her estate when your mother died?
You need to do your best to find the Will, if one exists. Your mother’s husband would have been a legitimate heir in Oklahoma. If he had a Will or other estate plan that left his portion from your mom’s estate to his children, you will have those issues to handle. Oklahoma law, even if there is no Will, sets out the rules for inheritance.
This situation could have a variety of possible outcomes and needs to be reviewed in depth.
I am happy to discuss fees with anyone personally, if they have not already hired a lawyer, but I don’t post fees with such little information. To discuss our fees, people should call our office. Each client’s case is different and there are options we can discuss.
To Your Success,
Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Sep 24th, 2012 at 10:08 AM