Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse tincidunt sagittis eros. Quisque quis euismod lorem.
In the wake of a loved one’s passing, we would all hope for ample time to celebrate their life before turning to grief and the other heartaches of death. But like everything else in life unfortunately, the law does not wait for the family to be emotionally ready to begin the legal process. In Oklahoma, for example, a family has thirty (30) days to present a will to the Court:
Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby.
58 O.S. Sec. 21 (emphasis added).
And, contrary to common belief, sending an estate through probate court is not only for the wealthy or those with extensive assets. In Oklahoma, for example, there are several different procedures for probate or administration provided under Title 58, depending on the size of the estate and the residency of the decedent. Probates (court proceedings with a will) and administrations (court proceedings without a will) of estates are necessary any time a deceased person has unresolved rights, property, or other affairs that must be handled. These processes provide a clear legal framework for distributing assets to beneficiaries and heirs. They also place authority to speak for the estate in a family member, so that they can direct the actions of the deceased person’s estate — such as the decision to file a lawsuit. The loss of a loved one not only leaves an emotional void but also initiates a complex journey through legal landscapes, especially when considering probate and litigation.
To that point, while everyone will likely be involved with a probate or an administration of a loved one’s estate at some point in their lives, it is also important to consider what to do if you end up in a legal dispute with a family member or someone else in court concerning your deceased loved one. These fall into two large categories. First, the internal disputes within a probate itself; this is called a contested probate. There are any number of reasons someone can contest a probate. A family member could, for example, allege the signatories to the will failed to follow the Oklahoma statutory requirements, or gained the signature under fraud, or forged the signature, and so on. Likewise, another person could claim to be a long-lost child, entitled to an equal share of the assets. Whatever the case, in a contested probate, both the estate and the parties may have their own attorneys and they dispute how money and property should be divided and to whom.
Another kind of pain is caused, however, when the deceased’s death was caused by the wrongful acts of another. Outside of getting the will approved, litigation following a loved one’s death can arise under wrongful death claims. These claims are pursued when the deceased’s death was caused by the negligence or wrongful act of another party. The necessity for litigation extends beyond clear-cut scenarios of fault; families who suspect negligence or have uncertainties about the circumstances leading to their loved one’s death should consider legal action. This legal route seeks compensation for funeral expenses, lost wages, emotional distress, and more, aiming to provide financial stability and a sense of justice to the bereaved. Working with an attorney knowledgeable in both areas ensures these processes are handled seamlessly, respecting the deceased’s wishes and safeguarding the family’s interests.
AARP offers a comprehensive guide detailing practical steps to take immediately following a loved one’s death, which serves as an invaluable resource for those navigating this challenging time: https://www.aarp.org/home-family/friends-family/info-2020/when-loved-one-dies-checklist.html. Drawing inspiration from this guide, we’ve compiled a targeted checklist for individuals preparing for probate or litigation, tailored to those seeking legal assistance in wrongful death cases or estate management in Oklahoma.
1. Consult a Trusted Attorney:
This article can only offer educational information — an attorney will give legal advice. As with most legal rights, contacting an attorney should be your first step if you believe either that someone is attempting to disregard a loved one’s will or you believe a loved one passed due to the wrongful actions of another, you should contact an attorney. An experienced lawyer can provide a comprehensive assessment of the case, guide you through the complexities of the legal system, and develop a strategy tailored to your situation. And while this guide may help some, you should always listen to your attorney for legal advice tailored to your situation. Early legal consultation ensures that you’re aware of your rights and the necessary steps to protect the estate and pursue justice.
*** Every step below could drastically change depending on the legal strategy you and your attorney decide to pursue.
2. Maintain Open Communication with Family
Communicate with family members about your plans. Keep open lines of communication with heirs and beneficiaries, discussing the steps being taken to manage the estate and resolve any legal claims. Transparent communication can prevent misunderstandings and conflicts. As sad as it is, often legal disputes in the probate are caused by a sibling feeling unheard in the initial stages of a dispute.
3. Obtain Records:
Start a gathering all records that you believe are relevant, including the deceased’s legal documents (wills, trusts, property deeds), financial records (bank accounts, loans, credit card information), and any evidence related to the death (medical reports, accident reports, witness testimonies). Secure multiple copies of the death certificate. These are crucial for filing a wrongful death claim, initiating the probate process, and handling the deceased’s financial affairs. Documenting everything related to the incident and the subsequent loss is crucial during this phase. This documentation includes medical records, accident reports, witness statements, and any communication with insurance companies or involved parties.
4. Notify Relevant Parties:
Inform banks, insurance companies, and government agencies (Social Security Administration, Veterans Affairs) of the death. Your attorney can advise you on the implications for the estate and any potential claims.
5. Stay Organized and Patient:
The probate and litigation processes can be lengthy and complex. If your attorney does not have tasks for you to complete at this time, ensure all of the relevant records you have are organized. You may be asked to compile a detailed list of the deceased’s assets and outstanding debts. This accounting will include all property that belonged to the deceased. This inventory is a foundational element of the probate process and can also impact the financial outcomes of a wrongful death claim. That is to say, ensuring that you have thoroughly investigated the estate and have the accounts inventoried as well as possible will greatly assist your attorney, and give you a task to focus on the meantime.
As always, we cannot advise that you take this process on alone. Whether it is with All Rise! P.L.L.C. or another law firm, an attorney licensed in your state with the information specific to your claim is always going to be the best legal advice. A skilled legal professional can navigate the intricacies of Oklahoma’s legal system, providing the support and guidance necessary to manage the deceased’s estate and pursue any wrongful death claims effectively. Look for a legal team that offers compassionate support alongside their legal expertise, ensuring that you and your family receive comprehensive assistance during this difficult time.
Selecting an attorney who understands the intricacies of wrongful death litigation and probate law in Oklahoma is essential. A firm that offers a wrap-around legal package provides not only the expertise needed to navigate these challenging processes but also the compassionate support families need during such a difficult time. Look for legal professionals with a track record of successfully representing families in similar situations, emphasizing their commitment to professionalism, empathy, and personalized legal strategies.
Our practice stands apart by offering comprehensive legal support to families navigating the aftermath of a loved one’s passing. We understand the importance of addressing both the legal and emotional aspects of wrongful death claims and probate proceedings. Our team is dedicated to ensuring that each family receives the compensation and closure they deserve, managing every legal detail with the utmost care and professionalism. Conclusion The loss of a loved one is a profound challenge, and the legal obligations that follow can add to the burden. However, understanding the necessary steps for litigation and probate, and securing the right legal support, can make a significant difference. By taking these steps, you can preserve your loved one’s rights and ensure their legacy is honored properly.
Keep in mind that if your loved one was an enrolled member of a federally recognized tribe, there may be additional legal hoops for probating or administering the estate, such as possibly needing to go through tribal courts or the Bureau of Indian Affairs administrative proceedings for certain assets. In those cases, it is important to retain an attorney familiar with the differences in federal and tribal probate laws. Property rights held by tribal members can vary widely depending on their tribe. For example, the federal laws affecting tribal lands are different for restricted lands of the Five Tribes of Oklahoma governed by the Stingler Act, or headrights of the Osage Nation, or the mass swaths of trust lands held by a few Western tribal members. All Rise! is proud to offer counsel certified in American Indian law with decades of experience if you find yourself dealing with these types of issues.
With all of that said, our first priority is making sure your family gets the assistance you need — whether that is with All Rise! or another law firm. If you’re facing the aftermath of a loved one’s passing in Oklahoma, remember that you don’t have to navigate this journey alone. With the right legal support, you can ensure that your loved one’s rights are protected, their estate is managed according to their wishes, and you are positioned to seek justice on their behalf. We’re here to help however you need.
Elevate your representation with All Rise!
Drop us a line.
