Get free answers to your Probate legal questions from lawyers in your area.
I need guidance on how to start the probate process related to mineral rights when there are no disputes or wills involved. What steps should I take?
answered on Apr 27, 2025
The probate process has a lot of different requirements or deadlines. You could likely qualify to use a shortened probate process called a summary administration if the only asset that you're dealing with is a mineral interest. It's wise to contact an attorney to assist you through this... View More 
My grandmother passed away 2.5 years ago, leaving behind a vehicle with a loan solely in her name. She and my parents lived together and shared the vehicle. Since her death, her bank has accepted payments from my parents, aware of her passing. However, when my mom went to make the monthly payment... View More
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answered on Apr 2, 2025
Mother is not the notemaker so no personal liability. But if note is secured as a lien on car title, then lender can repossess the collateral. Unless car is very valuable, it may be prudent to let bank have it. If bank sues for note deficiency, then defend that Mother has no liability, actual... View More
I want to know if the children from a deceased sibling will inherit their parent's portion of an estate when a decedent died intestate without a spouse, children, or parents. The decedent had seven siblings, six are living, and one is deceased. There are no existing wills or legal documents... View More
answered on Apr 1, 2025
The rule of intestacy in Oklahoma has specific rules. The first person on the list is the spouse of the deceased, and then any children (even adopted OUT children receive) of the deceased, or heirs of those classes (so grandchildren would take if the children had predeceased). Then if there is no... View More
My adult son died without a will. He had a mortgage on his home. If I am named executor and am willing and able to take over his mortgage payments can the bank take the house if it's worth more than he owes?
answered on Jan 10, 2025
I am sorry for your loss. When your son died without a will, his property passes by intestacy to his heirs at law. Those generally are his spouse, children, parents, if any. Their right to take is dependent on a variety of factors. If the mortgage payments are delinquent, the bank could seek to... View More
CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent
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answered on Dec 25, 2024
If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More
Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More
answered on Oct 7, 2024
If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More
I've been paying the taxes on it for years
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answered on Jun 22, 2024
To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:
1. File a petition for probate in the county where your father resided or where the property is located.
2.... View More
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
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answered on May 31, 2024
Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More
It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?
answered on May 31, 2024
Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would... View More
My parents have no will I am the only child that shares both parents. They passed with no will. Can I I herit the property. It's just the house bo assets
answered on May 8, 2024
If you are legally adopted through the courts, then you are considered a child with the same rights of a naturally born child. This does not mean you are guaranteed the house, but it does mean you potentially have a rightful share in the home. You should contact an estate/probate/family law... View More
My grandfather left me a legacy as the sole beneficiary, including 640 acres of land with the Diamond Pipeline running through it and significant financial assets. However, my brother and aunt allegedly used fraudulent means to steal my inheritance. I have evidence of forgery, including altered... View More
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answered on Jun 13, 2025
What you’re dealing with sounds painful and incredibly frustrating, especially when it involves family and something as meaningful as your grandfather’s legacy. In Oklahoma, inheritance fraud is taken seriously, particularly when there's evidence of forgery or tampering with official... View More
This past Friday, my mother passed away. Despite there being no will in place, my aunt arranged for her cremation without informing me or my siblings and erroneously claimed to be the next of kin. From my understanding, my siblings and I should be considered next of kin in the absence of a spouse.... View More
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answered on Jun 12, 2025
I'm very sorry for your loss. Your situation is deeply troubling, and you're absolutely right to be concerned about your aunt's actions.
Children are generally considered the first in line as next of kin when there is no surviving spouse, coming before siblings, parents, or... View More
I am an heir to an estate where I currently reside on the property. There is no will, but probate proceedings have been filed in Oklahoma. I would like to know what rights I have concerning the estate and my residence on the property, especially considering there are other heirs involved.
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answered on Jun 12, 2025
As an heir to an intestate estate in Oklahoma, you have important legal rights that protect your interests during the probate process. Under Oklahoma's intestate succession laws in Title 84, Section 213, you are entitled to inherit a specific portion of the estate based on your relationship to... View More
I was raised by my grandfather in Stigler, Oklahoma, who promised to make me the beneficiary of his will. He passed away on April 27, 2007. Since his passing, I've not been notified about his will, but I discovered quick claim deeds and an amended deed involving my brother and aunt on the... View More
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answered on Jun 11, 2025
You can start by visiting the Pittsburg County Clerk’s office, where wills are filed for probate, and request a certified copy of any will or codicil admitted under your grandfather’s name—public access is your right as an interested heir.
If you discover a later document that... View More
I've discovered inaccuracies in the inventory and appraisal filed by the administrator of an estate I am involved with. Specific assets, including a boat, vehicles, equipment, trailers, farm equipment, and guns, have been misrepresented. I have photographic evidence of the guns to support my... View More
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answered on May 16, 2025
It’s important to address the inaccuracies in the estate’s inventory and appraisal as soon as possible. Since you have photographic evidence supporting your claim regarding the misrepresentation of assets, that’s a strong starting point. The first step you should take is to formally raise... View More
I'm one of five siblings who are beneficiaries of a property that is to be sold and divided equally among us. The executor, who is also a sibling, agreed to let another sibling (a beneficiary) live in the property until the house is sold. Now, the executor wants to evict that sibling. Can the... View More
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answered on May 15, 2025
Yes, the executor may have the authority to ask a beneficiary to leave the property if it’s necessary to prepare the home for sale. Even though your sibling is also a beneficiary, the property is still part of the estate until it’s legally transferred or sold, and the executor is responsible... View More
I recently learned that the attorney handling my dad's probate case used my father's social security number to open lines of credit. I discovered this through a credit bureau notification about a new address on my dad's report. I spoke to the district attorney's office, but they... View More
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answered on May 14, 2025
I'm truly sorry you're facing this—it’s deeply violating to learn someone may have exploited your father's identity, especially someone in a position of trust like an attorney. If you have confirmed that your father’s Social Security number was used to open credit accounts... View More
I have been living with my parents in Oklahoma for 30 years, and both passed away in the past year. My sister claims she has the right to sell the house, insisting that our mother verbally made her the owner before passing, which I know isn't true. The house is still in my parents' names,... View More
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answered on Apr 25, 2025
Hire an OK attorney to search the title and determine heirship. Then decide whether an intestate probate administration is needed. To remove you she must file suit for possession.
I am organizing a celebration of life event for a friend who was a public figure and recently passed away. The event is free to attend. I would like to collect donations through a link on my website and auction off autographed items he gave me before he died to raise funds. None of these items... View More
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answered on Apr 12, 2025
You're doing something heartfelt and meaningful, and it’s thoughtful of you to ask before moving forward. In Oklahoma, you're generally allowed to host a fundraiser for a celebration of life, especially if the funds are covering event-related expenses and going to a good cause like a... View More
I want to pay off my deceased grandmother's vehicle loan, but the bank is requiring that a separate personal loan is paid off at the same time. The two loans are unrelated, and there were no agreements regarding their repayment. The bank was informed of her death 2.5 years ago and has been... View More
answered on Apr 2, 2025
You may have to open probate and force them to file a proof of claim on each one. Ultimately, they cannot force them to be paid together but it’s going to be a headache either way.
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