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Estate Discrepancies and Adoptive Rights in Oklahoma City

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What can i do if my niece moved my 86 yr old mother off her estate of 63 yrs & talk mom into changing her previous will she had that she made sure i knew about hers and my dads plots were already payed in advance & also tld me to whom her property was to.

Intentionally omitted by a Revocable Trust in 2006 (moms passing Valentines Day 2008), without a reason from mom ,mom adopted me and my 2 little sisters in 1973 after she had taken care of over 50 foster children before she adopted us.Our final decrees of adoption in  the Oklahoma  District Court are vested with the jurisdiction of the Uniform Adoption Act,and a paragraph in my decree says my decree complies with the UAA.In the UAA it carries a very short statute of a [one] year limitation from the time our decrees were issued.My mom knew the law but my 2 nieces went through my parents house when us adopted klids of over 35 yrs were not allowed too,or even step foot on my mothers property where we were raised or if we did we would criminal trespassing charges,my nieces husband is a   Okc police officer ,and in the cover letter from the attorney my niece brought in addition we were not allowed to contact my niece (self appointed trustee) about the care and health of our Mother ,but were told she my niece could put charges on us for victims protective order .Highly surprised all through life we never had any problems with either niece throughout life which I know or allege that in their secluding us kids from our parents house upon there search they found moms will and it did not benefit them financially so they intentionally sequestered me from knowing where they lived ,actually my nices husband the police officer kin folk works at the P.O.office where I was going and had my P.O. falsify a UA and sent me back to prison out of there way to proceed in the removal of mom from her 2-1/2 acres just east of vTAFB where both my parents worked as aircraft mechanics,veterans & retired after 30 yrs.The UAA says subject to appeal no one not even the petitioner in any manner,upon any ground including fraud,duress,failure to give notice, are against the law of the UAA.Mom & Dad never formally vacated our decrees of adoption.Us kids rights are statutorly created by federal statute it says from the day our decrees are issued we are entitled to inherit real and personal property from and through our adoptive parents which our parents are entitled to inherit real and personal property from and through us through the statute of  descent and distributation . My nieces all of a sudden turned on us 3 adopted kids on moms dying days.Additional concerns my father told me right before he passed away in our house that he built that he was a millionaire because of good investments .This is why we us 3 adopted children are being pushed out ,because of my parents investments.Mom & Dad already had their affairs in order in 1973 when us 3 kids were adopted,so my question is,is  there any lawyer in Oklahoma City that will take my case and  enforce my constitutional rights that we me and my 2 little sisters are entitled too ?

Commonly posted questions...

I need someone to assist my father and i to execute a durable power of attorney for us
6 months 3 weeks ago, trusts & estate planning, Ringgold

Legal Solution

The response provided below is specific to trusts & estate planning in the jurisdiction of Oklahoma City. If the response is inadequate, please submit a detailed inquiry.

Estate Discrepancies and Adoptive Rights in Oklahoma City

It seems that the core issue revolves around the potential unlawful handling of a deceased parent's estate, notably regarding the claims of adopted children being disregarded. The manipulation of wills or trusts, especially when influenced by individuals who might benefit from such changes, can be a challenging legal issue to navigate.

Relevant Statutes and Legal Resources:

  • Uniform Adoption Act (UAA): Governs the rights and protections of adopted children, including their inheritance rights.
  • Statute of Descent and Distribution: Addresses how property is inherited in the absence of a will or trust.
  • Victim's Protective Order: Often used in cases of harassment or potential harm.
  • Oklahoma State Courts Network: A comprehensive resource for state-specific legal information and statutes.

Potential Solutions:

  1. Challenge the Validity of the Will or Trust: If you suspect undue influence or that your mother lacked the mental capacity to change her will, you might contest its validity in court.
  2. Reassert Rights under the UAA: Your adoption decree, which is governed by the UAA, explicitly grants you rights of inheritance. This can serve as the primary legal basis for your claim.
  3. Evidence Gathering: Secure all relevant documents, including the original and revised wills, the adoption decree, and any other paperwork that could shed light on the situation.
  4. Consultation: It's crucial to find the right lawyer specializing in trusts, estates, and inheritance matters. Given the intricate details of your case, an attorney with experience in this area would be best suited.

Average Legal Fees in Oklahoma City:

Service Average Cost
Initial Consultation $150 - $350 per hour
Estate or Trust Dispute Resolution $200 - $500 per hour
Challenging a Will $3,500 - $10,000 flat
Full Litigation (if it goes to trial) $10,000 - $50,000+

Note: Prices can vary based on the complexity of the case, the reputation of the lawyer, and other external factors. It's advisable to compare legal fees and services before making a decision.

Clarifications and Next Steps:

Your situation is intricate, involving numerous legal facets. Before any concrete steps are taken, it's essential to clarify specific details of the situation. To move forward, compare lawyers in your area and choose one that best fits your needs.

Questions to Answer:

  • Original Will: Do you have a copy of the original will your mother had created, which you mentioned she informed you about?
  • Current Will: Were you or your sisters officially notified of changes to the will after your mother's passing?
  • Witnesses or Testimonies: Are there any potential witnesses or other family members who can attest to the conversations or decisions your mother made regarding her estate?

What are the steps to contest a will in Oklahoma?

In Oklahoma, one typically starts by filing a petition in probate court. This petition will detail the reasons for contesting the will. It's crucial to have strong evidence, including potential witnesses, to back up the claim.

How does the Uniform Adoption Act impact inheritance in Oklahoma?

The UAA ensures that adopted children have the same rights to inherit as biological children. If an adoptive parent dies without a will, the adopted child is entitled to an inheritance just like a biological child would be.

What's the difference between a revocable trust and a will?

A revocable trust can be changed or terminated by the trustor during their lifetime. Assets in this trust bypass probate. A will, however, only comes into effect after death and must pass through probate.

Can a police officer in Oklahoma intervene in civil matters like inheritance?

Generally, police officers do not get involved in civil disputes, such as inheritance issues. They enforce criminal laws. If someone feels they're being unduly influenced or harassed, they may seek civil remedies.

What timeframe do I have to challenge a will or trust in Oklahoma?

Timeframes can vary, but it's generally advisable to act swiftly. Waiting too long can complicate matters, especially if the estate is already being distributed.

It's essential to consult with a local attorney who can guide you through the specifics of your situation and provide accurate advice tailored to your needs.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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