Legal Question in Wills and Trusts in Oklahoma

Dell

My widowed aunt in Oklahoma remarried several years ago. Before that marriage, she owned some real estate that had been in the family for decades. Last year she had a stroke which was profoundly incapacitating. Her husband recently filed for, and was granted, a petition in district court appointing him guardian of her estate due to her ''...inability to speak, receive and evaluate information effectively, and...manage her financial resources.'' I did not object.

Yesterday, however, I received from the same district court an ''Order for Hearing Petition to Sell Real Property,'' to grant her husband authority to sell her property.

My question: What happens if her husband sells the property and, upon her death, her will is found to specifically give that property to an heir other than her husband? I'm sure she has a will, but have no idea what's in it or where it might be; however, we were very close and, as she had no children of her own, I'm fairly certain she intended for the property to go to me.

Thanks very much.


Asked on 5/15/02, 1:06 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: Dell

Thanks for your question. The short answer is that the will does not take effect until her death and if she were not incapacitated she could sell it or do with it as she chose. A specific beqest of specific property under a Will lapses when it no longer exists at the time of the testator's death. In Oklahoma, when a guardian of the estate of an incapacitated person is appointed, they must file an inventory of the assets and a plan of how their ward's property and assets are to be handled. Not knowing the financial circumstances and because your post does not suggest that you suspect anything sinister is afoot then I would assume the sale is to provide for the necessitites of your aunt, perhaps special medical care and perhaps a nursing home. In your circumstances it might be prudent to find out what purposes the sale proceeds will be used for and perhaps question whether a sale of the entire property is necessary at this time. A plan should have also been filed as to how the ward's housing, medical treatments would be taken care of.

Read more
Answered on 5/15/02, 3:55 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Oklahoma