It was fathers land before that his father my father died unexpectedly last year mother has not only sunk into depression but has lost her mind. And now is saying that she is going to sell all of it. refuses to give me my part. I offered to purchase it but she wont hear of it. my father and I were extremely close and I just want whats mine. I have alot of memories of my dad and I out there. I cant bear to see it not in our family. Is there anything I can do?
First of all, I'm sorry for your loss. It can be hard on a family. There are some follow up questions I'd want to ask. For example, did your father have a Will? Have you probated it in Oklahoma? and a few others. You definitely need to contact an Oklahoma Attorney so that you can get answers to how to protect what may pass to you as an heir of your father.
I'm sorry for your loss. As has already been mentioned, whether or not there is a Will is critical. From your question it seems that there was a Will and that you were willed 40 acres of land. If that is the case, then the Will will first need to be probated. You should contact a probate attorney for this step. How things will unfold after that will depend on the specific language in the Will and if there are sufficient funds in the estate to pay the debts and whether or not there is any language in the deed to the land that might give someone else an interest in it that might supersede the Will.
If there is in fact a will, as you indicate, you need to get the will to an attorney and have it reviewed and a probate case started. If your mother's grief has impacted her mental state, and your mention of depression and losing her mind are not mere hyperbole, initiating a guardianship may be appropriate. Don't take that step lightly or out of any malice. Maybe not today, maybe not tomorrow, but you will regret it f you go that route without sound reason.
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