Oklahoma Probate Legal Questions

I'm sorry for your loss. Many lawyers who include probate in their practices would give you a free initial consultation.  More information is needed to help, Oklahoma hasn't adopted forms for Probate practice as situations can vary so much. Depending on how they were held or titled, sometimes houses and cars can pass without probate.  There are also some estates that qualify for a more simple procedure, I recommend that you call some lawyers.... Read More

I am sorry to hear of your loss.  I know this is a difficult and confusion process, but our attorneys are experienced in the probate law and can assist you with this complex process.  Please call Green Country Law Group at 918-456-6113 and be prepared to provide your full contact information so that we can provide the documents necessary to establish the attorney-client relationship.... Read More

I am very sorry to hear of the loss of your parents.  I realize this is a difficult and confusing time.  In order to answer your question, I would have to know more.  Issues such as these require a review of the types of assets and the types of ownership.  For instance, real property (land and homes) can be owned in joint tenancy or tenancy in common.  Joint tenancy does not require probate, while the other will. Please call Green Country Law Group at 918-456-6113 and leave your relevant information for further legal guidance once an attorney-client relationship has been established.        ... Read More

If the check was issued after your father died, I would assume (without knowing all the details of what the check was for) that nobody has he right to cash it.  If it was issued before he died, it now belongs to his estate, and only a duly appointed representative of the estate can cash it.  You would have to start a court proceeding to probate his will, or if no will to administer his estate, the Court will appoint an executor (if one is named in the will) or administrator if no will (they may use different terms in Ok, but same basic procedure), probably you if you want to do it, and that person would then take care of marshaling and distributing the assets of the estate, including this check.... Read More

The lien and the right to collect the money becomes the property  of the decedent's estate.  All parties can sign and file a Release of Lien in the county deed records.  This should be done before attempting to sell the property:  it is doubtful a buyer would want to assume such a lien.... Read More

Most states no longer have a reading of the Will.  Instead, when submitted to probate (proving that it is the Will of the person who died), the Will becomes a public document.  If the Will has been submitted to probate and your brother appointed executor, check to see how many months have passed.  After a certain amount of time, a benefiiciary can demand an accounting.  After a longer period of time, a beneficiary who has not received a distribution can ask the court to replace the executor.  If you become the new executor, it will be your legal duty to bring an action for wrongful detainer (eviction) and hire the sheriff to remove your brother and place his possessions on the curb and to sue your brother for past rent, wasting the estate's assets.  A less acrimonious, and less costly, approach would be to enter into a family settlement agreement and have your brother buy you out.... Read More

When someone dies without a Will, any heir can file for probate (proving who the heirs are and then, after the debts are paid, distributing what is left among them according to the state's laws of inheritance).  The court will appoint someone to administer the estate.  If necessary, the administrator must evict whoever is living in the house in order to sell it either to pay the estate's bills or to divide the net proceeds of the sale among the heirs.... Read More

If you were named in the Will, you were a beneficiary of the estate, not an heir.  In most states the executor (not the court) sends the beneficiaries a copy of the Will and of the Order admitting it to probate.  In any event, these are public documents which you can access through the county clerk.  Unless this was a dependent administration (to protect minors, etc.), there was no accounting which showed what was owed (as opposed to owned) or what the final disposition was.  Again, all the documents are public.  If your like, you can read them.... Read More

It would be advisable to prepare an agreement that lists the personal property that you are retaining and put in writing that you may store them there at no charge for an agreed period of time.  I can assist you preparing a document if you need help.  I am also curious what model tank you have.... Read More

No, wills do not automatically open or always require opening probate, but anyone with an interest in the estate can file a Probate action and challenge the transfer, appraisal or liquidation of property.  It is very important to discuss the actually details with an attorney, if the Personal Representative is not utilizing an attorney, you may want to ask them if they could outline their thoughts on each issue.... Read More

Someone will have to finish the probate and amoung other things seeking an appointment of someone else to serve as Personal Representative.  I presume they were probating the will of your Grandfather, the attorney withdrew in 2005, then your Grandmother passed in 2009.  I'm not clear on all of the necessary facts, but NO, your Aunt would not be able to take over for your late uncle without being appointed by the Court to do so.  It sounds like wraping up the first probate will be necessary in order to then address any issues relating to your Uncle's death.  There may be some conflict of interest issues too from the sound of things with your other Uncle living in the house, paying rent and your Aunt then inheriting anything that was going to her husband (your now deceased uncle). Sometimes everyone can get together to work up an accounting and to resolve all issues by signing off on an agreed final Decree.  Even if your uncle left everything to your aunt, there are issues that must be resolved relating to his "estate" since he has died. See a lawyer, take all copies you can find and they can help you map out a plan of action.... Read More

If none of the beneficiaries has any child support obligation, then it could just be a blanket provision that doesn't apply at present.  I don't know what type of Probate document you are ferring to, but if it is a Court Order, take it to see a lawyer who can better answer your question.... Read More

Anyone can ask the court to be appointed Personal Representative, showing the Court that the nominated parties are unable and/or unwilling to serve, the Court will most likely appoint the person makeing the request or some alternate person.   If nothing has been filed, something has to happen.  If the matter is pending and the Personal Representative has been appointed but is not taking any action, they can give some other person authority to help them, or to have a Co-Representative appointed who is better able to take action to preserve the property and take other time sensitive action.  If a case is pending and there is a lawyer, call the lawyer to explore options to preserve the property.... Read More

You must go through probate to settle an estate.  Probate is proving what was owned, what was owed and to whom the balance should go, whether under a Will or, if there was no Will, the state's laws of inheritance.  However, given the size of the estate, an informal probate may be available.  Please contact a probate attorney who practices in the county in which the person died.... Read More

It sounds as though you have the right idea.  Hire a probate lawyer who practices in the county in which he died to file an application for determination of heirship.  Once you are appointed to administer the estate, it will be your duty to assemble all its assets.  If the person does not give you immediate access to the house and leave at your request, file an eviction action in jp/small claims court and have the sheriff toss her out.... Read More

If there is new information (for example, a new Will has been found), a probate case can generally be re-opened.  No trial court case (probate, civil or criminal) can be appealed unless the judge made a mistake in law.  Your probate attorney can examine the record and advise you on this -- and on the usually very substantial cost.... Read More

That depends on what the adoption law was in the state of adoption and on the time of adoption and on what the adoption decree states.  In many, perhaps most, cases an adopted out child can still inherit.  That the father gave up his rights does not mean that the child gave up hers.... Read More