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Oklahoma Probate Legal Questions

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77 legal questions have been posted about wills and probate by real users in Oklahoma. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
Oklahoma Probate Questions & Legal Answers - Page 4
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Wills and Probate
Oklahoma

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My mother died in october. I have one brother who is refusing to give a bank social security and drivers license information to claim a cd she had.

Answered 14 years and 2 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
Having recently lost a parent, I empathize with your grief. You do not say in what manner the estate is being administered. That will determine what should happen. But let me explain several possibilities: If the estate is being administered under a Will, a probate has to be opened with the court. If your brother is the executor of the Will, the bank would be looking for him to take the court order directing him to act before it will release anything to him. Probate is a long process, so this could take at least several months, if not years. If the account is not under a Will, but is designated to a Beneficiary - presumably you, maybe others - that designated Beneficiary can go to the bank and claim the account with a death certificate. If the estate is being administered with an Affidavit of Heirship, again, the bank will require the death certificate and a properly executed Affidavit. If your mother's estate is under a Trust and your brother is the Successor Trustee, he must take an original Memorandum of Trust to the bank. Since, based on the way you asked your question, I am unsure under what authority your brother claims the CD, consider my response as purely informative. Contact an Oklahoma estate or probate lawyer to discuss details or if you need further assistance. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.com ... Read More
Having recently lost a parent, I empathize with your grief. You do not say in what manner the estate is being administered. That will determine what... Read More

Is there a way to get a copy of my deceased mothers will?

Answered 14 years and 4 months ago by Gale Graham Allison (Unclaimed Profile)   |   1 Answer
My condolences on your loss. Your mother must have also made your step-father the beneficiary of the life insurance policy. If so, your only option is to hire an experienced estate litigation lawyer to file a law suit against your step-father giving you a chance to prove what has happened. You need to be very sure of your facts before you pursue such an action. An example of evidence could be if the prior beneficiary designation left the insurance to you and your siblings. Another example might be a Will supporting your facts plus a beneficiary designation assigning the insurance proceeds to the estate. (That is the only way the insurance proceeds are controlled by a Will.) Once filed for probate, the Will should become public record. However, if he did not file it and you do not have a copy, your step-father can choose not to provide it to you. In a lawsuit, he might be ordered to provide it. In addition, there should be significant money at stake, because this type of action is very labor intensive for the lawyer and thus, can be expensive for you. There are no guarantees. If the documented evidence does not support your facts, you spend a lot of money and recover nothing. See an experienced estate litigation lawyer immediately because as time passes your chances of recovering money diminish. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison ... Read More
My condolences on your loss. Your mother must have also made your step-father the beneficiary of the life insurance policy. If so, your only option... Read More

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