Legal Question in Wills and Trusts in Oklahoma

You face a common dilemma with children of many deceased parents having new spouses close to the time of their death.

I would recommend that you check with the District court of the county where your father lived to see if a petition to probate his Will has been filed. If a probate has been filed, then you need to retain a good probate lawyer immediately. He will tell you about your rights. You should also see the District Judge who is in charge of that case and he may advise you of the status of that probate.

If the properties you speak of, were left outright to your step mother, then she can do what she pleases. If she had a life estate interest them and was not married to your father very long, then she cannot dispose of those properties without much trouble.

Unless all your father's assets were held in "joint tenancy with right of survivorship" with his wife, your father's Will must be probated before the properties passing through his Will could be sold and distributed.

When your step mother petitions the court to probate the Will of your father, you have the right to challenge your father's competency to write that Will. Historically, this type of challenge to a self proven Will is likely to fail. It fails generally because there are independent witnesses to the Will. Hospice workers and case workers are independent witnesses as to the deceased's competence. Your fahter's doctors and case workers would know if his mind was functioning sufficently to make a dispostion of his assets.

Regardless, you need to consult the best probate lawyer you can find in your county, or better yet, in Oklahoma City or Tulsa, whichever City is closest to you.

There are several basis for a challenge to the Will. The three most common are: 1) Will was invalid which probably is not the case here as it probabaly is a self executing Will, having been notarized and witnessed accordingy to statute. 2) duress by a party having interst in the assets; 3) fraud.

The challenge must be brought 1)when the Petition to probate is filed; or 2) within a short time after the Will has been admitted to probate.

I would recommend you check with a local lawyer or the court if the probate has been filed.