Legal Question in Wills and Trusts in Oklahoma
My daughter was in a long term relationship but never married. The young man was in a car wreck a year ago and is now incapacitated, permanently. My daughter tried to be appointed his guardian but was denied. His mother is his legal guardian. He had purchased a house several years ago, which my daughter was sharing with him. Her name was not on the mortgage, she has no claim and is making no claim to that property. Since his accident, he can no longer pay the mortgage, his mother is not paying it. She is being sued by the bank holding the mortgage; they want to foreclose and sell the house. My daughter does not and has not lived there for months. She paid the mortgage while she still was living there as rent. His mother is trying to entangle my daughter in this suit against her and named her on the summons, however the woman used her son's name as my daughter's last name. So, that is not legally her name either.
The summons is asking for a response from my daughter as to whether she is making any claim to this property. What should she do to avoid any monetary legal action against her? If that is even possible, I don't believe it is. She also was not formally served, the summons was thrown on her doorstep.
1 Answer from Attorneys
Your daughter needs to retain legal counsel immediately.