Oklahoma Probate Legal Questions

Bring the trust documents and anything related to them to an attorney who specializes in fiduciary litigation.  From your description, it appears that you dad was the trustee and you were a (or maybe the) beneficiary.  A trustee, like dog Fido, has a fiduciary obligation to put the beneficiary's interests first.... Read More

The lawyer does not represent anyone but the executor.  He is not obliged to tell them anything.  You may be disgruntled, but you have no basis on which to file a grievance, let alone a suit for malpractice.  The lawyer will not be disbarred for preserving attorney-client confidence as required.... Read More

If the house passed through a Transfer on Death Deed, the Will is irrelevant with regard to the house.  If you and your sister are the owners, together you can evict your brother.  If your sister does not agree, try to buy her out or seek a partition action, which may force a sale.... Read More

No -- or, at least, not yet.  First the estate of your stepmother's mother must be probated (proving what she owed, what she owned and who gets what according to her Will or, if she did not have one, the laws of heirship in her state).  Then your stepmother's estate must be probated.  If you "inherited everything," the Will should say this.  If there was no Will and you were not adopted, your stepmother's sisters may well win their contest.... Read More

Dear Carla: Based on your information, it's posible you may have misunderstood the lawyer or else, that is not the lawyer for you. Generally, in her will, a person can leave anyone whatever she wants, as long as the will was properly made by a competent person. As her stepchild, you most distinctly were not a stranger to your stepmom.   Unless there is proof the will is bogus or derived from some compromised circumstances, you have excellent odds of inheriting the entire estate.  However, litigation (lawsuits) can be costly and contentious.      Your choices are to: Pay lots of money in legal fees and court costs during the contesting of the will (the lawsuit) using an Oklahoma probate lawyer with whom you can communicate well; or perhaps Invite your stepmom's sisters to share some of the inheritance through a settlement developed with a neutral mediator.  If you are willing to consider a mediated settlement of some sort, seek out a mediator who is well trained in estate matters for the best chances of a mutually satisfactory settlement.   I am both a probate lawyer and certified mediator with estate experience. Let me know if I can help.     To your success, Gale Allison   ... Read More

It is very difficult to probate a copy of a will. Generally you have to produce a witness to testify that the witness saw the will after the decedent passed.   That is a tough standard.   However, you say your “copy” is signed and notarized. If there are also two witness  signatures and all of the signatures are original (bit machine copied)  then that is a duplicate original that you can probate.    Good luck. ... Read More

"On the account" is insufficient information.  If your brother was on the account as a convenience signer, he had no right to any of the money.  If he was on the account as a joint signer, he had a right to 50% of the money on your mother's death -- but a right to transfer 100% during her life.  If he was on the account as a joint survivor with right of survivorship, he had a right to 100% of the money on your mother's death -- aqnd a right to transfer 100% during her life.... Read More

If your grandfather left land to you by will, you will be notified when the will probates.  If the will has not probated, you can go to the deeds office and see if he added your name or another to the deed.  If the land is still in your grandfather's name alone, it will have to probate to pass to another.  If he had no will you will not inherit at all.  Your father will.  You father could not sell of the land unless he owned it or had a power of attorney allowin ghim to do it in the case of your grandfather not being in his right mind or otherwise appointing your father to make a sale.   Good luck to you sir.... Read More

If the account is uner $50,000 go to the bank and file with them an affidavit--assuming he was not married.  The account will have to be in your father's name alone with no beneficiary.  If it is too large to use this technique or there are other assets in his name alone, hire a probate lawyer as soon as you can.  Good luck to you. ... Read More

Check at the courthouse deeds office to see if his home is in his name alone.  If it was not made payable on death with others or joint with rights of survivorship with others, thus your father owned it in his name alone, hire the best probate lawyer you can find and open a probate.  You will now have the law behind you and you will be able to recover the house and other things and throw the sister out, unless there is a will that leaves all this to her and disinherits you.  How much of the estate you will get to inherit will depend (if there is no will) on whether your father was married or had other children.  If you are an only child and your father was not married, it all belongs to you and you can be named administrator of the estate.  But there are many other facts to gather to give you certainty of your position.  Hire an attorney ASAP.... Read More

It will be several thousand dollars if it is a "vanilla" probate as you have presented.  This would mean there is a will and it only controls real estate and nothing else.  That would be unusual, but possible.  There are several steps that include notifying all his heirs at law--usually his children whether they inherit anything or not.  Then publishing for creditors has to occur.  If there are any, that is additonal time and expense.  You dont say what county and this affects fees as well.  In some counties an attorney may have to wait for hours to have the case called.  Lawyers typically bill this by the hour.  Also this is affected by the use of paralegals whose lower hourly rate generally lowers the cost of the document preparation, compared with the attorney that does all of the work himself.  So the bottom line is how many hours will it take and that is driven by your situation.  Good luck to you.... Read More

The fact that you are an only child does not affect the answer.  What you need to know to answer the question is what name is on the title.  If the deed is in the name of your last parent to die and only in that parent's name, then yes, you will go through probate to do anything with the house.  You can sell it during probate but it is cheaper to wait until title is in your name alone.  If however your parents did estate plannign to avoid the probate process they will have titled the deed to a trust or transfer on death to you or perhaps joint with rights of survivorship with you, in which case you will not have to probate. Probate is a titling game.  If a decedent dies with title to real estate in the decedent's name alone with no further designations, then to probate court you must go.      ... Read More

I am assuming that you mean there is a specific bequest (gift to you) of 100 shares of stock.   Unless the gift included language  regarding spin offs, you are likely to only receive the stock as described. However, I am not aware of any law governing this issue and if you have any evidence of a different intent, you might prevail if you challenge it.   If you want to discuss your evidence, evidence needed or challenges to this distribution, I will be happy to explore the matter with you. I will put this ssame information in your repeat question in the estate litigation category. To your success, Gale Allison    ... Read More

There are a lot of legal things that some very intrepid people (willing to educate themselves with lengthy research) can do for themselves.  Drafting a will contest petition is not one of them.  It also sets in motion a lot of legal things that even lawyers who do not limit their practices to this kind of thing cannot do well.  Give it up.  Hire the best lawyer you can afford, but make sure the skill set is in estates and trusts AND litigation.  Just any litigator will also need an estate lawyer and just an estate lawyer will also need a litigator.   To your success!  Gale Allison... Read More

I need more information to give you a real answer. For example: Is your mother alive?   Is it her property or his?  For example is only his name on their home or bank account or do they hold title joint with rights of survivorship? If your mother is deceased, and your stepdather owns all his property in only his name, he can leave his prooerty to whomever he likes   If your stepfather has no will, all his property will go only to his children by state law. If the property was jointly titled, there may be other options, depending on the type of joint ownership. If you want a better answer, contact me to review your particular details. To your success, Gale Allison      ... Read More