Legal Question in Wills and Trusts in Oklahoma
My dad passed away 3/2010 and has a will that is not filed. I am the named executor. The will simply says I have control of everything and can dispose of it as I see fit. Everything was held joint in his name and my name including bank accounts. About 4 days before he passed away, he took his name off the bank accounts and signed a durable power of attorney naming me as his POA. He normally had to pay in additional income taxes, but will be receiving an income tax refund this year and probably in 2010. My brother was the only other heir and he passed away 9/2009. He was never married or had children. My mother and dad divorced in 1988, so she is not a named heir.The only other "next of kin" is my daughter and she is 16. Can I just file a Letter of Heirship or do I need to file the will? If I have to file the probate, can I do it myself without an attorney? I am trying to keep from paying more for an attorney versus the less than $3000 total in tax refunds for 2009 and 2010 and I know the POA was defunct at his passing.
1 Answer from Attorneys
If everthing, as you say, is held in joint tenancy then whether or not you file for probate will depend on teh nature of the property or liquid asset account:
1) Bank and credit union accounts with joint names, generally, require a death certificate. Each entity will inform you what it needs.
2) Investment companies such as Charles Schwab, will require a death certificate. They may have other requirements. Follow through by calling or writing to them.
3) Real property in Oklahoma: If the title to the house and any other real property in Oklahoma was held in "joint tenancy with right of survivorship" , then probate should not be necessary. You may file an Affidavit terminating joint tenancy with the county clerk's office where the property is located.
As regards, household goods, those are yours, if there are no other heirs. If you do not have any siblings or your father left no other issue, then you mayn ot need a probate, unless any of the investment companies or bank require you to do so.
Your Dad's Will does not have to be filed unless you are filing for administration of his estate (probate in this case).
If you need to do a probate, you should be able to do it within $3000.00 - based on information you have provided.
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