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My Mother died May 2009. She was in a nursing home, had no money and no property in Okla. I received a letter from Federal employees group life insurance and she is entitled to her husbands small life insurance but since we did not have any estate to put into probate there is no estate tax ID number which is required. I live 1500 miles away from Okla. What do I need to do? M. Dietrich

Submitted: 39 days and 4 hours ago.
Category: Estate Law
Value: $30
Status: CLOSED
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State/Country relating to question: Oklahoma

Already Tried:
Called Okla probate office

Accepted Answer

Hello and thank you for allowing me the opportunity to assist you.

Although your mother had no estate at the time of her death, she now does have an estate. Because of that, you should open probate in Oklahoma, and list the life insurance as the asset.

The one issue that may complicate matters is that she was in a nursing home. If it was State run, then the State may have a claim to the life insurance money. If that’s true, then opening probate may not be worth your time. So, it really depends on all facts in order to determine whether it’s worth your time and effort.

You can start the probate process by contacting the district court where you’re mother resided, and ask for forms to open probate. You should be able to handle this without the need to visit Oklahoma, though it will be easiest with a local attorney.

Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification.

If the information that I provided is helpful, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!

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DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.

 

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Expert: TJG, Esq.
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/14/2009

Attorney-At-Law

Licensed in Maryland

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