Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

My father passed away on Sunday, June 28, in Tulsa, OK. I

Customer Question
My father passed away on...
My father passed away on Sunday, June 28, in Tulsa, OK. I am his son, his only child, living in Dallas, TX.
The circumstances were unusual. The woman she was living with, calling herself his wife, was not legally married to him. She broke up with him that morning, and he gave my aunt a check for $150,000 shortly afterwards -- from what I understand, so his "wife" wouldn't get any of it. Then he took his own life. This all happened in the same day.
Since then, I have heard nothing about any will or anything I might be inheriting, but I am getting the impression that my aunt is going to be using the money to pay off her house, and I don't get the feeling that I'm getting anything.
Please understand, I'm not greedy and never expected anything from my father because he never had a lot. I'm much rather he still be alive. But, I also have kids about to enter college and I am worried that the family may not be respecting my legal rights in this situation.
Bot***** *****ne is, I just don't know what to do. I've tried not to call my grandmother about this, who is in her 90's and is devastated by her loss. I will probably call her today to ask her to explain to me what's going on. But I also want to better understand my legal options.
Thanks,
Brian
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 3 minutes by:
7/10/2015
Estate Lawyer: Loren, Attorney replied 2 years ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34,985
Experience: 30 years experience in the practice of estate law.
Verified
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
My condolences for your loss.
Before we begin a bit more detail would be helpful please.
Were your father and mother legally divorced?
Did your father leave a last will?
Thank you.
Loren
Ask Your Own Estate Law Question
Customer reply replied 2 years ago
Yes, my father and mother were legally divorced many years ago. He had another wife before his most recent relationship, but she passed away.I don't know if my father had a will. Nobody has told me yet. It's the silence that's confusing. When I was up in Oklahoma for the service, the family's lawyer (who has been with them for many, many years) approached me and said that I should call him to discuss the estate. When I talked to him yesterday, he said that he was no longer working with them and they had hired a new attorney. Again, very confusing.I know for a fact that they're trying to make sure that his "wife" (again, not a legal marriage) gets nothing because of the circumstances.
Estate Lawyer: Loren, Attorney replied 2 years ago
Thank you for the additional information. Oklahoma is among a handful of states that still recognize non-ceremonial marriages, also referred to as “common-law marriages.”
If your father and this woman both held themselves out to the each other and to the public as a married couple and lived together it is possible that she could establish a common law marriage and have status as a surviving spouse.
It would be her burden to prove that the elements of a common law marriage were all met. As an interested party you can open an estate in probate. If there is a will it will need to be produced by whomever is holding it. The lawyer can probably help you with that.
If there is no will then you will be entitled to a share in a portion of the estate along with the other children, if any.
Since it appears you do not live in the same county as your late father, you will want to retain local counsel. The lawyer you spoke with may be able to help with that, as well, even though he may have a conflict prohibiting his representing you himself.
I hope this is helpful.  If you have any follow up questions feel free to post them.  It is never a problem.
Thank you.
Loren
Ask Your Own Estate Law Question
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 34,985
34,985 Satisfied Customers
Experience: 30 years experience in the practice of estate law.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,414 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,061 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,015 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,839 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,451 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,162 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Do all assets of a estate freeze once probate has begun?
Do all assets of a estate freeze once probate has begun?What happens when a creditor and debtor can not settle a debt in probate? Does a judge ultimately decide?… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
I am an heir in an estate that is being probated in the
I am an heir in an estate that is being probated in the state of Oregon under the laws of intestate. The personal representative is now saying she wants to close out the estate and make the distributi… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
My husband passed away last year and a probate case was
Hello! My husband passed away last year and a probate case was opened because he died without a will in place. An attorney started the probate filing for me but we went our separate ways and I finishe… read more
Loren
Loren
Attorney
34,985 satisfied customers
I am the trustee of an estate in California, and at last
Greetings. I am the trustee of an estate in California, and at long last have reached a settlement agreement with my angry, belligerent older brother. The court order stipulates a thirty-day distribut… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
My mothers estate is in probate court, due for a final
hello pearl, my mothers estate is in probate court, due for a final motion to end, i believe my brother and sisters are trying to eliminate me from her assets. I have been homeless for about 2 years, … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
For a probate estate in Pennsylvania in which (1) there is a
For a probate estate in Pennsylvania in which (1) there is a will and (2) the executor is the sole heir with authority to sell the property, does the executor need to petition the Court for approval t… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
I need an Oregon Estate/Probate to clarify if there is any
I need an Oregon Estate/Probate to clarify if there is any difference when it comes to compelling the Trustee to pay beneficiaries according to the instructions in the trust. I have already had the ve… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
Dealing with initiating a probate case for my fathers estate
dealing with initiating a probate case for my fathers estate valued at less than 70,000 … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I need advice regarding probate / estate law in NYs, I said
Hi..... I need advice regarding probate / estate law in NYs … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Second opinion] Family estate; not probated: Parents- Father
Second opinion] Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they ha… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,414 satisfied customers
Family estate; not probated: Parents- Father & Mother is
Family estate; not probated: Parents- Father & Mother is dead; oldest son dies after parents; all siblings has died; some siblings has children; oldest son wife dies after him, they have no offsprings… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
416 satisfied customers
I went to the probate hearing last Thursday and the
I went to the probate hearing last Thursday and the commissioner told me to get me a lawyer because my sister told them that she didn't document everything and that she had 3 pages of item that she ga… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,899 satisfied customers
I have a question concerning wills and estate probate. I am
Good afternoon - I have a question concerning wills and estate probate. I am the oldest son with sister and brother. We all live in Florida but different cities and are not close (don't communicate). … read more
Ely
Ely
Counselor at Law
Juris Doctor
1,839 satisfied customers
Can the administrator of an estate in probate borrow against
Can the administrator of an estate in probate borrow against the equity of the house (part of the estate) to pay off creditors?… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I am a beneficiary of an estate that is being probated In
I am a beneficiary of an estate that is being probated In Oregon under laws for intestate. One of the assets the decedent owned and operated was a small business. The business was not compliant and fi… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,061 satisfied customers
I am a beneficiary of an estate that is being probated In
I am a beneficiary of an estate that is being probated In Oregon under laws for intestate. I want to find out what my remedies are to remove, sanction or obtain added court oversight for the personal … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
PROBATE REAL ESTATE OPTIONS TO SHOW CAUSE FOR DISTRIBUTION
PROBATE REAL ESTATE OPTIONS TO SHOW CAUSE FOR DISTRIBUTIONREQUEST 1. What are the options for managing the acquisition of heir property unencumbered while foreclosure procedures are in place by OCWEN,… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,052 satisfied customers
PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL
PROBATE -REAL ESTATE CURE TO RESPOND TO... PROBATE -REAL ESTATE CURE TO RESPOND TO ORDER TO SHOW CAUSE ISSUE: Show Cause Hearing Action Plan Needed given circumstances noted below.REQUESTS 1. Should I… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,052 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x