Legal Question in Wills and Trusts in Oklahoma

I am one of three heirs listed in a will.According to the one who was POA there was 30,000.00 left in what she called a Medicare account, but that they said they(Medicare) had to keep it.I work in a nursing home in Oklahoma,same county as the one the deceased was in,and I asked them about the types of accounts.There is no such thing as a medicare account,or any that would keep what was left after final expences except for medicaid.The lady had money and property so would not be eligible for medicaid(unless someone did some things they should not have done)medicaid only allows a maximum of 2000.00 to be in their accounts.The deceased had a monthly income of almost 2000.00 per month.Can we force this to probate?Or what would be the best course of action?Is the POA required to show how the deceaseds money was spent, where it was spent and where her monthly checks went,and if so what do you do to get that information?I am listed as the alternate POA. Also doesn't POA automaticly cease at the persons death? Should she have shared information with me? I just want to be sure that I do things in a correct manner. Any information would be greatly appreciated!!

Asked on 8/02/10, 12:56 pm

Mitty Means Mohanty Means, P.C.

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Yes you should go to probate. A probate court will ask for the required showing, if you make application to the court.

Third question: yes.

Feel free to call me: 405-701-5333 M-Th. Otherwise on 405-312-0160.

Answered on 8/08/10, 9:16 am

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