Time limit on a Will

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