Legal Question in Real Estate Law in Oklahoma
When my bilogical father passed away, he left a tract of land to my in his will. The will stated that I should receive the land when I turned 25 or when his sister (my guardian) saw fit, which ever came first. I am 28 now and somehow thier father (my grandfather) has the land in his name and neither him nor my aunt wants to speak of the matter. I don't really have the money for a lawyer and I don't want to sue my family. What should I do?
1 Answer from Attorneys
Forgive the typos. I am writing this without a spell check and without my glasses.
If your grandfather has land in his name then it would depend on what your grandfather's Will provides. He can leave it to anyone he chooses. If he does not have a Will, then property will go by intestate succesion - as your father's heir you get one half and his daugher gets half that is if he does not have a wife.
The best course of action for you to do is to go to the county records office in teh county that the land is located. Find out if your father had title and if so, get a copy. Then find out when that deed to that property was transferred to your grandfather's name. Was that done before your Dad's death or after? Also, you need to check the court records on your guardianship and see what property was listed in that guardianship order or inventory as being your asset. Go talk to that judge who appointed your guardian. If that property was listed as an asset of the minor child (you), then it cannot be transferred to anyone else. Check these records and get back in touch with me. My address is listed below. You are free to call me at 405-312-0160.