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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

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Customer reply replied 5 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 5 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: 6,426
Experience: 20 yrs of professional experience.
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Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

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Customer reply replied 5 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?

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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: 6,426
Experience: 20 yrs of professional experience.
Verified
Maverick and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 5 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 5 months ago
Why don't we make an appointment
Customer reply replied 5 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.

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Maverick
Maverick
Maverick, Attorney
Category: Estate Law
Satisfied Customers: 6,426
6,426 Satisfied Customers
Experience: 20 yrs of professional experience.

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