Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Probate ended in 1995. In this particular case a will was…

Probate ended in 1995...

Probate ended in 1995. In this particular case a will was held to be a testamentary trust. The Executor of the Estate worth more than 15,000,000.00 today became such by preparing the will for the Testatrix and had his family members, son and daughter witness and notarize will on the hood of a pickup. Since the will of the Testatrix was found to be a testamentary trust for the one daughter to be cared for by the Executor for the rest of her life and such daughter outlived the Executor the family of the Executor had wife of deceased Executor named Trustee. The Trust was created in 1981. The Executor was to receive the remainder of estate of Testatrix after daughter died. However, daughter outlived Executor by six months and according to will daughter was to consent to Executor receiving remainder of estate. However, family waited two years after daughter died to end trust and have corpus of trust given them based upon 60 OS 175.56. This statute did not take effect until September 1993. The Supreme Court of Oklahoma ruled for the first time in 2008 that 60 OS 175.56 cannot be applied retroactively. Therefore, I am of the opinion this will and estate can be reopened based on the improper application of 60 OS 175.56 by the District Court and the daughter outliving the Executor and only remainderman of this $15,000,000.00 estate especially since my mother was the benefactor of the daughter's will and daughter did not consent to Executor being named such even though will of Testatrix gave her that power. The reason being she was never told of the facts of such will.

Lawyer's Assistant: What state is this in? And how old is the truck?

Oklahoma

Lawyer's Assistant: What documents or supporting evidence do you have?

All and we do not have counsel

Show More
Show Less
Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Is their a time limit to reopen a prior judgment if the Oklahoma Supreme Court interprets for the first time in 2008 a statute, 60 OS 175.56 and improper application of this statute allowed the District Court to allow family of Executor to have this $15,000,000.00 when the daughter of Testatrix outlived Executor and only remainderman named in will and never gave her consent for this Executor to be such and have remainder of estate. It has been nine years since publication of this opinion interpretation get 60 OS 175.56.
Customer reply replied 8 months ago
The reopening of this estate allows the attorney of record representing me to earn at the minimum $5,000,000.00.
Answered in 20 minutes by:
9/16/2017
Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6,427
Experience: 20 yrs of professional experience.
Verified

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Take your time.

1. What did the trust say as to who was to become trustee of the trust as opposed to an executor of the Will?

2. Was the executor of the will also to serve as a trustee of the trust?

3. Do you have a copy of the will and the trust?

Ask Your Own Estate Law Question

I have submitted an offer to you to do a phone call on this. I need much more background information before I can assist you properly. It would be helpful if you could collect all your paperwork before we talk.

Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6,427
Experience: 20 yrs of professional experience.
Verified
Maverick and 87 other Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 8 months ago
Nobody. The family of Executrix and sole remainderman of residue of testamentary trust had to petition court for wife of Executrix to become successor Trustee. However, my father, now deceased, was guardian of daughter (He was an Oklahoma attorney and law professor.Yes. We have all records. I will say the district court denied subject will to probate. Instead of answering the jest of 84 OS 143 the Oklahoma Court of Civil Appeals talked only of testamentary intent. Ridiculous.
Customer reply replied 8 months ago
Why don't we make an appointment
Customer reply replied 8 months ago
Hello
Phone call session started

Please read this case carefully as it may give your some ideas about how to challenge the judgment in your case after so much time has passed.

Ask Your Own Estate Law Question
Was this answer helpful?
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6,427
6,427 Satisfied Customers
Experience: 20 yrs of professional experience.

Maverick 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

5,488 satisfied customers

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

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
Under California Estate law, are statutory probate fees
Under California Estate law, are statutory probate fees calculated from the estimated property tax value? Do they include debt? For example, a home valued for property taxes at 310K, appraised by a ce… read more
Jessica B
Jessica B
Juris Doctor
1,064 satisfied customers
Prior to a estate being settled in probate court, should a
prior to a estate being settled in probate court, should a attorney representing only 3 of 5 heirs be paid for his services prior to settlement? The other 2 heirs have their own attorney The estate is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE
THE ATTORNEY DOING THE PROBATE WORK FOR MY PARENTS ESTATE WAS NOT ANSWERING MY QUESTIONS. I SOUGHT ADVICE FROM ANOTHER ATTORNEY WHICH I HAVE DISENGAGED FROM AND NOW THE ESTATE CLAIMS HE NO LONGER REPR… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
We have an estate in probate in Missouri. How does this
We have an estate in probate in Missouri. How long does this take. Every time we call they give us a different date. It hasn't all been sent to the courts yet even though all paper work is done. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
1,454 satisfied customers
I am attempting to handle the probate of my mother's estate
I am attempting to handle the probate of my mother's estate myself in San Francisco, California. Please answer the following: Whenever I file a document with the court, is it proper protocol to always… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
I have a question about an estate in probate. I don't think
I have a question about an estate in probate. I don't think the executator is being fair and would like to request a hearing with the probate judge. … read more
Jessica B
Jessica B
Juris Doctor
1,064 satisfied customers
Aunt's Estate is going through probate in California. We
Aunt's Estate is going through probate in California. We just submitted the Petition for Final Distribution and the examiner left some Probate Notes. We cleared 2 of them... But the last one didn't. H… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
The probate court recently named the fiduciary to an estate
Second opinion] The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first howev… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,166 satisfied customers
The probate court recently named the fiduciary to an estate
The probate court recently named the fiduciary to an estate due to lack of response by the other heir named in the will who claim is that another will was written after the first however the 2nd will … read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
My grandmother passed away. Her estate is in probate, she
My grandmother passed away. Her estate is in probate, she only owns a house and car. House was sold and it was her primary residence. Proceeds distributed to heirs. Does her estate need to file a retu… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an individual estate is in probate and a property is sold
if an individual estate is in probate and a property is sold that he was an heir, how are the proceeds distributed?… read more
Jessica B
Jessica B
Juris Doctor
1,064 satisfied customers
California Probate - I am a beneficiary of an estate. Can I
California Probate - I am a beneficiary of an estate. Can I file a petition for an early asset distribution with the court without giving notice. And what is the best way to get the judge to approve a… read more
LegalGems
LegalGems
Juris Doctorate
11,965 satisfied customers
Estate is in probate in california. the estate has out of
estate is in probate in california. the estate has out of state assets.1.) colorado home - just sold without going through referee valuation Sold for $260,000 on 1/24/2018 2.) nevada corp operating in… read more
socrateaser
socrateaser
1,031 satisfied customers
I am the executor of an estate. The house is in probate
Hello. I am the executor of an estate. The house is in probate court. The child of the decedent now want to sell the house. What rights does he have and what should I do? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,212 satisfied customers
Are you familiar with estate (possible probate) laws in NY
HI there! Are you familiar with estate (possible probate) laws in NY state? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,841 satisfied customers
When considering the value of an estate in probate, is the
When considering the value of an estate in probate, is the value of the non-probate inventory added?… read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
My father wrote a will which created a testamentary trust
My father wrote a will which created a testamentary trust (father is now deceased). I need to know if real property can pass to beneficiaries through the trust without probate. There is no separate tr… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,488 satisfied customers
We have a testamentary trust that was to be dissolved to the
Hello, We have a testamentary trust that was to be dissolved to the beneficiaries upon my mother's death. For ten years now the trustee has not transferred the assets to the beneficiaries in spite of … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 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