Legal Question in Wills and Trusts in Oklahoma

Re: Death of family member without a Will

If the house was your sister's house and you are making her mortgage payments, how does a quitclaim from your mother help? Was the house in your mother's name?

Did your sister have any children or a husband?

First, you may ask the bank if they will accept an affidavit of heirship. If they refuse to accept an affidavit of heirship, and if they require letters or an order from the Probate Court, you will likely need the advice and assistance of an attorney. Whether or not it is cost effective depends on the amount of property you seek to collect.

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Re: Death of family member without a Will

I'm not sure what your mom filed, but quitclaim isn't a transfer of an interest, buy only a release of claims. Likely, you have a title problem on the house.

Most likely, title on the house would have to be repaired, probably with an heirship affidavit to clarify the passing of title from your mother to her children.

After that, you can then file a application for letters testamentary for your sister's estate, in order to collect estate assets, pay the debts, etc.

If the estate includes substantial assets such as a house, you might want to consider something other than doing this yourself.

Re: Death of family member without a Will

I would suggest that you schedule and appointment with an attorney in the county where the home is located. You can probably get a free initial consult with an attorney.