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My father died. We do not know if he had a will. He doesn’t have an attorney as far as we know. He was living with a lady friend. They never married, she didn’t take his name, they had separate checking and filed taxes separately. She refuses his family members access to the home to look for important papers. She will not say Whether she has found his will or not. I would like to file a petition to begin probate with the assumption that he is intestate. Is this course of action advisable? We live in Oklahoma.
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It sounds as though you have the right idea. Hire a probate lawyer who practices in the county in which he died to file an application for determination of heirship. Once you are appointed to administer the estate, it will be your duty to assemble all its assets. If the person does not give you immediate access to the house and leave at your request, file an eviction action in jp/small claims court and have the sheriff toss her out.
Answered on Oct 22nd, 2020 at 5:25 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.