Legal Question in Wills and Trusts in Oklahoma

who would be the legal heir?

my dad passed away june 2001 and few months before my grandmother transferred ownership of her home into his name , when she passes will i as the only child be the

heir to the home or my stepmother?


Asked on 12/12/02, 1:09 am

2 Answers from Attorneys

Herb Southern The Southern Law Firm

Re: who would be the legal heir?

I have to disagree with Mr. Hunt ... here is why ... you stated that your Grandmother transferred the property AFTER your father dies. If that is true, then one of two things happened 1) If she deeded it to both of them (grandmother and dad) as JTROS, then the trandfer is irrelevant and grandmother still owns the property. 2) If it was deeded to Dad after his death then the deed is defective as Dad did not exist ... either way, Grandmother owns the land and whomever her heirs are will inherit.

That having been said, take a family tree to a good Atty and discuss the issues with the Atty ...

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Answered on 12/16/02, 11:45 pm
Hunt John Urgentlegalcare.com

Re: who would be the legal heir?

Thank you for your question. Your question does not mention your father having a Will so I will respond assuming that there is no Will. I am also assuming that your father and step-mother were not living in the home that was your grandmothers. And I am assuming that when your grandmother gave your father the property, she made the deed to herself and your father as joint tenants. Assuming the above to be the case, at the time of your father's death, his interest in the property transferred automatically to your grandmother so that now, only the grandmother owns the property again. If your grandmother did not deed the property to herself and your father, but only to your father; and if the deed was recorded in the county records; and still assuming that your father left no Will and he and your step-mother were not living in the home, THEN it appears that you would receive a 1/2 interest in the property at the time of your father's death. Which could mean that you now own 1/2 undivided interest in the property. HOWEVER, place no legal reliance upon this response since there are many and numerous facts which are unknown to the writer which might change his opinion if known.

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Answered on 12/13/02, 10:13 am


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