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legitimacy for probate petition?

Discussion in 'Alternative Dispute Resolution' started by Leise_Wilson, Jul 2, 2007.

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  1. Leise_Wilson

    Leise_Wilson Law Topic Starter New Member

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    mother and husband living seperatley prior to his repeated incarceration for dui related felonies,
    mother died 05-08-2007 after being ill for a long period of time
    my brother had living will
    I would like to file for petition for probate due to the fact that:
    mother had no written will, but gave instuction, nuncupative will's are recognized in OK
    she intended for my brother to assume responsabilty for the house as was the agreement in 1985 at time of purchase in which he paid $5000.00 for closing and down pmt
    but after 20+yrs of mortgage decedant was pressured by new spouse to refinace for an equity loan in which he was supposed to repair the house but did not due to drunkeness and related issues
    decedant was planning to file for divorce upon receipt of her 2006 Fed.income tax return
    mother intended for my father to live in the same house as mentioned above, as he was the one who took care of her while she was ill and her husband was incarcerated during both illness, the later resulting in death
    husband is incarcerated for felonies crimes
    husband is not capable of executing mother's intentions for her estate due to drunkeness, and seperation,
    Decedants spouse has given POA to his brother and has frozen her accounts, decedant gave me permission and information to access her banking accounts to take care of her finances during her hospital stay and after her demise, so that I (we) would be able to keep up the house pmt and pay for funeral expenses.
    Brother paid for funeral expenses
    Are any of these reasons acceptable cause to file for petition, if so what steps are to be taken? Is there a time limit?
     
  2. lwpat

    lwpat Moderator

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    You need to go to the probate court immediately and file for probate naming yourself as personal representative of the estate. Take an original copy of the death certificate. That will get you started. You can open an estate account with the tax return.

    Your brother is entitled to the funeral expenses out of the estate.

    For everything else you will need the assistance of an attorney for advice. He will need to see bank account information and deeds to any real estate.
     

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