What are my rights to the house that my mother left me in a Will if the other beneficiaries don’t agree to turn it over to me?

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What are my rights to the house that my mother left me in a Will if the other beneficiaries don’t agree to turn it over to me?

My mother recently passed away. In her Will she left me a house that has a (which I have occupied and paid the mortgage on for more than 3 years). The probate lawyer is saying that the others listed in her will have to agree to turn the property over to me. But, the mortgage company is telling me that the probate court just has to assign the property to me and then I can refinance the property which would remove my mothers name from the title clearing the estate. This would alleviate me having to do a an outright new mortgage. What are my legal rights to the property if the others don’t agree to sign the property over? The property is in Oklahoma; but my mother resided in Arkansas.

Asked on May 12, 2014 under Estate Planning, Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless the Will of your late mother actually gives you the entirety of the home then your siblings have no obligation to have title to the unit delivered to you via a court order. If you do not get the parcel per the Will, your siblings gave to sign a stipulation and order that the title to the parcel goes to you alone per a court order. I suggest that you consult further with the probate lawyer you have written about.


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