Brenda

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What is the name of your state (only U.S. law)? Okay, I am new at this, I am getting a clue. I live in Oregon. My question is in regards to Oklahoma. My father passed away in 2006. He lived half in Florida, half in Oklahoma. He had a will in Oklahoma. I was never given a copy. After his death, my brother and my father's fifth wife turned on me. They both have lived in Oklahoma.
The attorney in Oklahoma was dishonest. The will was never probated. I waited a year. My brother states he is the executor, which my father did not trust him, so I question that and quite a few other things on the will. The attorney did not do her job. The brother and fifth wife took what they wanted, property, real estate, vehicles, personal items. After a year, the attorney went out of business and the will of my father was just dropped. How long does one have to probate a will in Oklahoma? If, in fact, my brother is proven to be the executor, is he liable for everything that was just given out to him and the fifth wife? My grandmother just passed away in Alabama and was the last one in her family. Her son's and husband all past before her. Anyway, she split her property into thirds and gave each son a warranty deed to app. 30 acres. She had a life estate in the property. So,
my brother was not able to take that. She told him no. Upon my father's death he was wanting it. So he did not have that wrapped up. So, it appears that now to prove that part of the will ( I don't think it is correct, either) he must probate the will. I am guessing in Ok. And, once again, how long does one have to probate an unprobated will in Ok. Thank you so much for any help.

 

[anteater]

Are you certain that probate was not opened? Unless assets were owned jointly with right of survivorship or had beneficiary designations, it should not be possible for someone to transfer ownership without having letters from the court.

Assuming that Oklahoma is the proper state to open probate, I do not see any time limits in the statutes for opening probate. If I were you and the expense involved is worth it, I would retain an attorney there, file to open probate, and ask the court to compel production of the will.

 

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Hello, I am absolutely positive the will did not go to probate. My brother and my father's fifth wife took what they wanted. I think the wife was able to do alot with a death certificate. The attorney who was supposed to be in charge let them do as they pleased, out in Oklahoma. I was out in Oregon waiting for the will to go to probate. One year later, I received a small box with some of my father's jewelry. The box was unmarked. My question is how long does one have to probate a will in Oklahoma before it is not good?
My brother wants to claim property my father would have inherited in AL from his mother. Somehow, my brother had that on the will. BUT, the will is not probated. He will have to have it probated, and pay for that. I dropped it last year when they told me the attorney went out of business. I guess I just figured that what was left at that point I did not have to have. But I did know that once my grandmother died my brother would think he could still use this will to swoop in on this property. I was waiting. He has an unprobated will, I have a letter stating she wants me to have it. That is why I was wanting to know how long the will has to be probated. The attorney in AL told me they have 5 years there. My father died 3 years ago. Since my brother has an unprobated will and thinks he has all the time in the world to do so, I am moving forward with inheriting my half of my father's land. Nothing more. I really think he will be opening up a can of worms, because the attorney was named as the representative, then if she could not, he was named. Everything was dispersed already. I did not receive vehicles. Anyway, I think the executors are supposed to be doing things legally and correctly. I am not so sure that is what happened!! Thanks for any info.

 

[anteater]

My question is how long does one have to probate a will in Oklahoma before it is not good?

You can ask the question as many times as you like, but unless an Oklahoma attorney with probate knowledge happens to wander by, you will have to contact an OK attorney for a definite answer. All I can tell you is that I did not see a time limit for probating a will during a quick scan of Oklahoma statutes. Alabama's time limit is not relevant.

I am moving forward with inheriting my half of my father's land.

I have no idea what you mean by this and how you are doing it, but good.