Oklahoma Probate Legal Questions

You can sue trustees and executors who dont give you your rightful gift from the decedent.   Most beneficiaries don't realuze that many family members who are named to settle an estate or trust often do a terrible job of it!  Sometimes it is meaness, sometimes its ignorance, frequently it is simple theft.  The only way I know that you can nip it in the bud is to hire the very best estate and trust lawyer you can afford.  That is the rotten part.   It will cost you money.  You will be damaged by the awful fiduciary. However, if the amount is significant enough, whether the problem is a horrible job or theft is involved, you can sue for your damages as well.  On the other hand, if you want to try to preserve your family relationships and get the matter fixed faster than a court can and for a lot less cist in fees, try to get all parties to consider hiring an estate and trust mediator to settle the matter.  It works!   I handle these things all the time, so if I can help you in this matter, let me know. To your success,  Gale Allison... Read More

No one can tell you that until they know how complicated your estate matter is.  Just remember that using a Will means that the people who will inherit must go through probate court to obtain their inheritance.  That process is a minimum of several thousand dollars and a quick one usually takes 9 months or longer.  If you have a simple and small situation, you could consider making your property payable to your heirs in another manner.   If money is a serious issue, you could ask those that will inherit from you to pay for the process of estate planning, or you can always do a handwritten Will.  It must be all in your handwriting, be dated, revoke previous Wills and clearly be a Will that is signed and dated.  You do not need witnesses, but leaving your assets that way is likely to entail an even more complicated probate.  Handwritten Wills often wind up being challenged in court, so if you do that, at very leaast, pay for a lawyer to look over it to be sure it meets all the state requirements for a hanwritten (holographic) Will. To your success, Gale Allison  ... Read More

I am so very sorry for this sad state of affairs.  The only way you are likely to get the home back is to buy it back.  I realize this is probably beyond your financial capability.  But as you know, houses require a lot of maintenance, taxes and insurance and it may be time for you to downsize anyway.   The only thing I can think of is to go to all the social service agencies you can and also to consider setting up a Go Fund Me site.  Often people are good and will try to help.  Good luck to you. To your success, Gale Allison... Read More

If you are saying she survived the person whom she was to inherit from, then her share would go to probate and split 50/50 between you and her daughter. If she did not survive the person who left her money, then the document should say who is the beneficiary if your wife predeceased the benefactor. To your success, Gale Allison... Read More

The problem is that--  since they have publicly held themselves out to be married -- it is most likely that they legally created a common law marriage and the property will be hers when he has passed. Any two adults can own property together without being married, but since your father and his ex have continued to live together publicly calling themselves married the law will see it that way.  A wife has certain rights to inherit so, unless he makes a different estate plan, she is likely to inherit.  To your success, Gale Allison, Attorney        ... Read More

The nominated Personal Representative (Executor) has the legal duty to start the probate.  No lawyer has any responsibility to bring the probate unless the lawyer is the Personal Representative.   If property is titled in both tge husband and wife's names, it is the wife's right to obtain sole title to the property when her husband passes.   The will only controls property titled to the Decedent's name alone or property payable to the estate.   To your success, Gale Allison, Attorney  ... Read More

If all traditional methods of searching for someone fail, i.e., Google.com, Ancestry.com, an others, it may be time to hire a detective.  If someone dies while a resident of Oklahoma and he owns some assets titled to the Decedent's name alone (there are no joint owners), whether there is a Will or not, probate must occur. Probate is necessary to legally transfer the assets to the new owners.  The filing for probate is public record and can easily be found at OSCN.net.  In Oklahoma, children given up for adoption are entitled to notice of the probate and are entitled to inherit unless the child is specifically disinherited in the Will. Good luck to you.... Read More

I'm sorry for your loss.  You can apply for a replacement title from the Oklahoma Department of Motor Vehicles.   Once you have that, you may need legal authority to transfer title to the charity.  If the truck is worth less than $20,000, you can use a "small estate affidavit" for personal property.  This is a legal document in which you or your sister state your father's name, date of death, describe the truck and its value, state that it is the only estate asset, and state that you and your sister are entited to it under the laws of intestacy in Oklahoma.  (Which is true unless you father was married when he died.)  A notary public must witness the signature on the affidavit.  You then file it with the probate court for the town that your father lived in and, after a ten day waiting period, you will have legal authority to sign the title to transfer ownership.  Check out nolo.com for more details about small estate affidavits.  Good luck.    ... Read More

No. The notary’s job is to sign verifying that he or she watched while the witnesses signed the document. The notary has no role in witnessing the Will. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

When someone dies without a Will, it is called dying “intestate” (in-TES-tate). In Oklahoma, if there is no Will, state laws determine what happens to the property of someone who died. If you don’t write a Will or make some other estate plan, you basically get the state-mandated estate plan. According to the limited information you provided, and assuming that your father is deceased: You must file for probate at the district court of the county where your brother lived and owned property when he died.  This is necessary whether there is a Will or if there is no Will. Your mother has the priority right under Oklahoma law to serve as the Personal Representative (Executor). In Oklahoma, your mother inherits the entire estate. Everything would go to her and not to you or another brother. If your mother doesn’t want or isn’t able to serve as the Personal Representative, and if everyone concerned agrees to it, you may apply to the court to be appointed as the Personal Representative. Whoever is appointed by the court must do with the estate as the probate judge orders. To be sure you get through it correctly and as quickly as possible, it is wise to at least consult an Oklahoma probate lawyer about the specifics of your situation. To learn the options to prevent this same situation from happening to you and your heirs, consult an Oklahoma estate planning attorney. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

I am so sorry, but I cannot make sense of your question. It appears that you feel you have been defrauded.  I seriously suggest you hire a lawyer experienced in estate matters immediately. You will need professional assistance to sort this out.  To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

You can fight. However, there are several issues to consider. Have you filed in the District Court for probate of the Will you have? Anyone can file for probate of a Will. The first part of the probate process is for the judge to decide if the Will is valid. Once that is determined, the judge determines legitimate heirs and creditors, orders inventories, accountings, and payment of debts. Finally, the judge decides who gets what is left over after debts are paid. Time limits depend on filing dates and case progress. Is a fight necessary? If your fiancé’s death is a recent event, everyone is likely to be grieving. Giving up his cremains could be very hard on his family. If you plan to scatter them and the mom wants to keep them or vice versa, the whole issue could be clouded. Is it possible you could approach them with the idea of sharing the ashes? If harsh words have been said, it often helps to apologize (even if you don’t believe you were in the wrong). Say you were so sad you forgot to look at their grief too, and then propose sharing the cremains. Are you prepared for the expense? It will cost major money to wage that war—thousands of dollars in legal fees and court costs. Are the cremains the only reason you want to fight (file for probate)?  Clearly you have a contentious relationship with his family.  Think long and hard on whether your position will do anyone, including you, any good.  At the end of the day, sometimes it is better to walk away when the battle is about emotions rather than proceeds. If you are not able to walk away and start your healing without this fight, it would be wise to hire an experienced Oklahoma probate lawyer for guidance through this process or as an objective advocate to negotiate for you. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

There is a slight possibility that it is valid, if it was not meant to be a holographic (handmade or handwritten) Will, but it’s hard to know without seeing the document. Oklahoma does recognize holographic Wills, but only under very specific conditions: 1. The person who is making the Will and whose estate it is about, the Testator, must write the Will entirely in his or her own handwriting. 2. The Will must be dated.3. It must be signed by the Testator.4. It must express what is called “testamentary intent.” That means that the Testator must say specifically that he or she intends, or means for the document being written to be used to dispense with her final wishes, administer his estate and provide instructions for dispersing his or her property after death.5. The Testator must be a person with “testamentary capacity.” That means he or she must be of legal age (not a minor) and mentally capable of recognizing the nature of his property or valuables and also recognizes the relationships of her family. Your document is typed, so if it was intended to be a holographic or homemade Will, it does not qualify. You also see that there is no requirement for witnesses or notary for a handwritten, holographic Will in Oklahoma. However there are very specific requirements regarding witnesses if this is not intended to be a holographic Will. Basically, it appears that what you have is a mixed document trying to be a holographic Will, but overdoing it to the point that it does not fall within the Oklahoma law’s requirements. This Will can be contested in court. Certainly, if there is any question at all about the intent and testamentary capacity of the Testator, it is likely to be challenged. You need an Oklahoma estate and probate lawyer to review your situation and advise you how to proceed, or you could be in for some expensive and time consuming problems when you get to court. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Perhaps, but usually you must wait for the probate to be completed and the truck retitled to your name only, or for the judge to order the sale of assets and what is to be done with the proceeds of the sale. You, and your potential buyer, are better off waiting till the probate has closed. Then title to the truck will be in your name (unless something prevented that) and you can do what you want with your property. As long as the truck is titled in the name of a deceased person, it cannot be sold, because a deceased person or co-owner cannot transact business legally. No buyer wants a vehicle without the title to it! To your success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

The cheap way is to retitle the deed to your home and pickup in both your name and your daughter’s name as Joint Tenants with Rights of Survivorship. If your cash is in a bank account, make it the same way – a Joint Tenants with Rights to Survivorship Account - with both your and her names on the account. If you have a regular income such as Social Security, or a paycheck, you will want it direct deposited to your bank account.  For life insurance or retirement accounts, make your daughter the beneficiary. I could go on and on.  Everything depends on what the asset is to determine how to title it. When you are joint owners, if one person dies, the other simply becomes the automatic only owner of the asset. But for this to work you must be consistent in your ownership titling. Doing it this way totally avoids the court process...if nothing goes wrong.  What this method gains from being initially inexpensive is lost with all the risk - this method is fraught with problems.  This type of legal titling is giving her true ownership and is no casual business. For instance, some of the positives and negatives include: • If your daughter has financial problems, they could become your problems as well, since you both own all the assets, and• She could have a fight with you and wipe out your bank account, and you will have no recourse, or • She can pay your bills if you get sick, and finally   • Remember that you don’t know what will happen in this life. Your daughter could die before you do. Then no one can help you if you become sick or disabled until they file and pay for a guardianship in court. So, along with the titling, you might want to have a Will and Powers Of Attorney or establish a Trust that assigns your property to other people in the event your daughter does not survive you. If the estate is small enough, you may qualify for some escape from the probate court process in Oklahoma, but property - any asset titled only to your name - guarantees your heir(s) go to probate regardless of whether or not you have a Will.  And by the way, your stepchildren have no legal standing to challenge what you do unless you adopt them. Frankly, you know it is best to see an experienced estate planning and probate attorney to review the specifics of your individual circumstances. That way you’ll get a real plan, instead of guesses, and it is much more likely to accomplish your wishes. Spending some money up front can save a whole lot of expense and grief later. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

You indicate that Florida was your brother’s last state of residence in the USA.  You do not explain what your brother was doing in Thailand and whether he established legal residence there.  His residency is important. If he was truly a resident of Florida you need to hire a probate lawyer in Florida and have the lawyer open an intestate (no Will) probate.  If he was a legal resident of Oklahoma you could open the probate here. Again, because it is complicated by the multi-states/multi-countries issues and may fall under special procedures for streamlining small estates, you should hire an Oklahoma probate lawyer. The state of Florida may also have some probate procedure for a small estate that would allow you to avoid the majority of the probate procedures, but you need to consult with a lawyer there, IF that is his state of residency.  If he was a legal resident of Thailand his estate would fall under Thailand’s laws.  But I believe he was not, since Thailand has indicated you should provide them with a probate court order naming his executor in the USA. Please accept my condolences on your loss and the difficulty of your current situation. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

I am sorry for the painful situation you are experiencing. However, an obituary has no legal standing in the probate court. Oklahoma laws govern who can inherit and how the inheritances are distributed. Whether or not your father had a Will, the Oklahoma laws of inheritance are there to protect his rightful heirs - whether through marriage, blood lines or adoption, or other legal designation by him.Unless your father had all of his property titled in certain ways or in a Trust, you and your siblings will be considered during the probate process. If his current widow does not file for probate in the county where your father was living and owned property when he died, you can file. Because this is complicated, you need help. If your father's estate was set up in Trust or otherwise than a Will, or if there was no Will, it would be wise to hire an experienced Oklahoma probate lawyer. For the most experience, hire one who only practices in the areas of estates and probates. Your lawyer can help you try to see that the entire estate is not drained of content before distributions are made.While protecting your inheritance you might also consider taking the high road, if possible, with the second wife. Disagreements over inheritances almost always drag out the settlement, and they often cause more long term ruin to families than ugly divorces ever did.To Your Success,Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More

When the Will is filed for probate, the judge appoints a Personal Representative (also known as an Executor). The executor must publish a call in the newspapers for all creditors to make their claims. There is a time limit within which the claims must be filed. Instructions for filing your claim would be published in the advertisement (look in the classifieds Legal Notices section). If you do not understand, or cannot find the creditor instructions, you could hire an Oklahoma probate lawyer to assist you. To Your Success,Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More

If you are sure you are asking about a Living Will, you don't need to pay for typing. You can go to my website and download a copy of the Oklahoma Advance Directive for Healthcare (Living Will) at no charge - http://www.theallisonfirm.com/Practice-Areas/Estate-Planning.shtml. The document has blanks you can fill in yourself, by hand or word processor. But be very sure you understand what you are signing and do not sign any of it without witnesses. You must have two witnesses (not related to you or each other) who watch you sign, and then they must sign that they saw you do it. A notary is not required. If you pay anyone for assistance with a Living Will, it should be a lawyer who can make sure you have filled it out correctly. He or she will also see that you understand exactly what you are instructing people to do or not do about your health treatment and end of life choices. If you don't completely understand the choices you have made or if you don't complete the form correctly you could suffer consequences you meant to avoid. Costs vary from lawyer to lawyer and are charged on either an hourly or project basis, so ask up front. This is not an area to simply select the least expensive lawyer you can find, or to hire just any lawyer. You want an Oklahoma lawyer with solid estate planning experience to help you avoid the consequences of errors or misunderstandings. Choose the most experienced lawyer you can afford. If you are asking how much it costs to prepare a Last Will and Testament (a Will), this is like asking how much does a car cost. Are we talking Honda or Jaguar? Only after a consultation to understand your situation and what you want to happen to your belongings after you die, would any good Oklahoma estate lawyer quote you a fee. There is so much more you need to know. I strongly recommend you attend a presentation on estate planning. In Tulsa, the schedule for my free monthly programs is on my website, and, if not in Tulsa, there may be similar programs where you live. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.com http://www.linkedin.com/in/galeallison ... Read More

It's possible that you are finding no records of a probate, because a probate was not done. In Oklahoma, as in other states, there are several ways to pass on one's estate without probate. For example: • Perhaps all of your father's property was titled "joint with rights of survivorship" with his wife. Under Oklahoma law, she would automatically become the sole owner of their entire joint estate without a probate. • If your father titled his property to a Living Trust, the Trust would own the property and the Trustee named in it would be responsible for managing the Trust. Once again, there would be no probate. If you literally cannot communicate with your stepmother and you have reason to believe your father had some assets titled to only his name, you can open a probate yourself. That would give you the power to look into matters, but do not consider doing this without a lawyer experienced in Oklahoma probate and estate law. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More