QUESTION
I have a copy of my fathers will. The lawyer has yet to file it. He has property in his and his wife's name yet they were divorced.
Asked on Jun 23rd, 2017 on Wills and Probate - Oklahoma
More details to this question:
His children are sole heirs to anything before marriage. How can I get lawyer to file his will? Is there any course I can take to keep this woman from selling his stuff or transferring his name off deeds? Btw, he passed may 16th and on June 16 the she was able to remove his name from his 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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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
Answered on Jun 27th, 2017 at 9:21 AM