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Tyler R. Barrett

Tyler Barrett’s Answers

21 total

  • Can an estate collect from an agent if they fail to preserve the value of the Principle’s estate?

    Tyler’s Answer

    As Mr. Miller noted, more facts are necessary to definitively answer your question. For instance, do you know if the POA is immediate (i.e. went into effect as soon as it was signed) or does it require doctors to determine that the principal is incapacitated? Has the agent legally accepted her fiduciary duty under the document? Moreover, practically speaking, courts are reluctant to second-guess the actions of a spouse in this type of scenario.

  • Probate--Should I contest a Trust and/or Will?

    Tyler’s Answer

    Assuming all of your father's assets were owned by his trust, then nothing will be filed in probate court. If you are a beneficiary of the trust, then you are legally entitled to a copy of the trust agreement. Otherwise, neither the trustee nor the trustee's attorney is obligated to respond to your requests. As someone who practices in the area of wills, trusts, and estates, I am a very careful about communicating with third parties who are not my client. This is particularly true if it is merely an email. I suggest hiring an attorney to write a formal demand letter. The response to that letter, and there would likely be one, would tell you whether you have any additional legal claims and whether this matter is worth pursuing.

  • My attorney quit because he said it was more work than he thought and I needed someone who could give it more time.

    Tyler’s Answer

    I agree with the above posters. Unless the estate is insolvent, there should be sufficient funds to hire and pay a new attorney. Every probate attorney has different billing practices. Some will provide a monthly billing statement, while others wait until the end of the probate and set forth all of the fees and expenses at once in the final accounting.

    As has been noted, the bar association is a good referral source for probate attorneys. Websites like this can also give you some leads.

  • Can I stop a probate of my sister in oklahoma

    Tyler’s Answer

    As the other attorneys have indicated, your sister's estate will likely need to be probated. Generally speaking, whenever a person dies owning assets in his or her name only, probate is necessary. In Oklahoma, there are ways to avoid probate for very small estates consisting solely of money and/or personal property. However, the viability of such options depends on whether there is a will and who your sister's heirs are. Thus, more facts are required here. I recommend that you consult with a knowledgeable attorney in your area.

  • Can a beneficiary force an accounting be conducted before family home is sold for possible fraud investigation(trust funds)?ARCHIVED

    Tyler’s Answer

    Trusts are complex legal documents. What is more, the trustor (the person who established the trust) has significant flexibility insofar as the trust's terms and provisions as well as the selection of trustees and successor trustees. If the trust is revocable in nature, then the trustor can amend the trust at any time while they are still living and have mental capacity. I would advise you to consult with an attorney who is knowledgeable about estate planning and trust litigation, and I would do so without delay - because the longer you wait, the more difficult it will become to enforce your legal rights.

  • I am the maternal granddaughter and the stepgrandaughter of my grandparents who have passed on I was never notifiedARCHIVED

    Tyler’s Answer

    I am sorry to hear of your grandparents' passing. Without knowing more, it is difficult answer your question. For starters, I would need to know what estate planning documents, if any, your grandparents executed while they were living. As one of the other attorneys pointed out, your grandparents' property could have been owned by a trust - in which case no probate would be necessary. Depending on your family history, it is also possible that you are not, in fact, an heir-at-law to their estates, meaning you would not be entitled to notice of any probate case. My recommendation is to consult with an experienced attorney and provide him/her with the full details so that you can get the answers you are seeking.

  • Do I have any grounds for action on thisARCHIVED

    Tyler’s Answer

    As the attorney above noted, this situation is very common. A beneficiary designation is considered a private contractual arrangement between the financial institution and the account holder. Therefore, the beneficiary designation takes precedence over your grandmother's will and you likely do not have any grounds to contest this. Likewise, property held in trust or jointly with another person passes according to the terms of the trust or by operation of law. The only property subject to probate and supervision by the court is that which the deceased owned in his or her name alone. Nevertheless, it would not be a bad idea to consult with a probate attorney in your area to confirm all of the above.

  • Can we Probate the Will, without having to go through the whole Probate process?ARCHIVED

    Tyler’s Answer

    First of all, I am very sorry for your loss. To answer your questions, some states require that the person in possession of a will file it within a certain number of days after the deceased passes away. However, at least in Oklahoma, this is rarely enforced. As the other attorneys have pointed out, there may be a summary probate process available to you. It varies from state to state, but generally is based on the size of the estate, how long the deceased has been dead and whether the deceased was a resident of the state in which probate is being applied for. I recommend that you consult with a probate attorney in your area. Even if probate is not necessary, they can provide valuable advice about how to wrap up your dad's affairs.

  • Can i get his estate ARCHIVED

    Tyler’s Answer

    As a biological child, you would be an heir-at-law of your father. However, without knowing whether your father left a will, it is impossible to say if you are entitled to part of his estate. Moreover, a significant amount of time has passed; consequently, it may be too late to assert any rights you do have. I would advise you to contact an experienced probate attorney in your area.

  • How is an estate divided if there was no will?ARCHIVED

    Tyler’s Answer

    If a deceased person did not leave a will, then their estate is distributed according to the laws of intestate succession in the state where they resided at the time of death. In most cases, the surviving spouse receives at least 1/2 of the estate. Additionally, the surviving spouse may also be entitled to certain personal property items located in the marital home. However, these laws of intestate succession differ from state to state. You should consult a knowledgeable probate attorney in your area for specific guidance regarding this situation.