Legal Question in Wills and Trusts in Oklahoma

Mother's will

If my mother has a will, it is signed, with 2 witnesses, is it legal and binding? My brother recently passed, and his daughter says she can fight this will and receive his part of my mom's estate. That is not her wish. We are not sure if it has to be filed at the court house to be legal.


Asked on 1/21/09, 12:00 am

1 Answer from Attorneys
Kurt Kennedy Kurt M. Kennedy,Attorney at Law

Re: Mother's will

There are a number of conditions that must be met for a will to be valid. (eg. testamentary capacity, lack of duress, etc.) A will does not have to be filed at the court house to be valid, but it will need to be filed after your mother's death so that your mother's estate can be probated pursuant to the terms of the will.

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Answered on 1/21/09, 6:49 pm


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