QUESTION

My father passed away in 2010. We are unaware if he had a will as communication with step-mother is non-existent.

Asked on Mar 21st, 2012 on Wills and Probate - Oklahoma
More details to this question:
After calling court clerks where we thought a will could possibly be located I have run into dead ends. Assuming there is a will - where else would I look? And, if there was one in probate, would the court still have record of it 2 years later. If there is no will - what should I expect to happen to his estate by Ok. law. Thanks.
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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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
Answered on Apr 02nd, 2012 at 4:28 PM

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