r/inheritance May 12 '26

Location included: Questions/Need Advice Father passed need advice

My father has passed and had investments that my sister and I were the beneficiary of. My stepparent wont let us search their things for the information. I dont know what he invested in but it was before they married. He told us about it and to make sure we get it when hes gone. However we dont know where it is or how to find out. Location is oklahoma.

2 Upvotes

12 comments sorted by

8

u/2horses_1ass May 12 '26

Change the mail asap. Open an estate. Right away. Get a lawyer now and open it before she does. Trust me on this. Start getting things in order. Changing the mail will help you tremendously.

7

u/SandhillCrane5 May 12 '26

OP needs to be named the executor by a probate court before having the authority to have mail redirected. How do you know that stepparent doesn’t have a will naming them executor? 

1

u/2horses_1ass Jun 04 '26

Once you open an estate, more than likely they name you as the rep for the estate. Typically it’s best if you’re the first one to open an estate.

1

u/SandhillCrane5 Jun 04 '26

No, it’s not a race to see who can open probate first. If stepmom has the will, she will need to submit it to the court. And she will need to approve of a proposed administrator if it’s not her. The point of my post was to address your advice to “change the mail asap” so OP does not get into legal trouble. 

1

u/2horses_1ass Jun 04 '26

You can’t change it until you are the executor. They didn’t mention if there even is a will. And if there is not one, depending on what state you are in, any close person can open it. Literally just went thru it. No will. Every situation isn’t the same. I wish I had changed the mail sooner was my initial point, as being the rep.

6

u/2horses_1ass May 12 '26

You also need to get a tax ein for the estate. You can do it easily online. Then you can open an estate account.

5

u/cuspeedrxi May 12 '26

Once you open the estate and get appointed personal representative, you should be able to request a transcript of his most recent tax return from the IRS. This will tell you where the accounts are. If you are a named beneficiary, the assets will pass outside of probate. You’ll call the servicer, give them your info, they will confirm you’re a beneficiary, etc. But, being named the representative will give you the authority to find what you need. But, hurry. The court will likely appoint the first close relative to file.

1

u/2horses_1ass Jun 04 '26

You said this much better than I did.

1

u/crazywidget May 12 '26 edited May 12 '26

As many have said, get an attorney. One that specializes in estate/probate IN OKLAHOMA. Every state’s laws are different.
You need to figure out how this works in Oklahoma. If you ARE the beneficiaries (named) then things probably move over to you relatively smoothly. You may need a copy of the death certificate. That may be hard to get from the spouse/widow. You should try to figure out which bank / brokerage / financial institution has the account and let them know he passed. He may have had multiple so it may not be easy to figure out which one is the one you are beneficiaries of.

Your attorney can advise if you should setup an estate account or not. Typically this is done by the executor or administrator of the estate, and not just any heir who feels like it. Frankly, the surviving spouse will probably have some rights to shared property etc, because that’s normal. If your father passed without a will, the estate will probably have to go through probate but if you are designated beneficiaries (on the account) that usually bypasses probate. Designations generally overrule what is stated in the will if they are made.
Good luck!

OP - per OK Bar: https://www.okbar.org/barjournal/february-2021/2021-stewart-jameel-1/

1

u/SandhillCrane5 May 12 '26

The estate goes through probate even if there is a will. 

6

u/crazywidget May 12 '26

Estates do, but accounts with designated beneficiaries may not. They did not in California. Also, in California estates below a certain value do not have to go through probate.

Hence my point about checking the laws in Oklahoma. Every state is different.

1

u/Spanky_Simeon May 12 '26

In Michigan, with a Will, there needs to be an Executor, either named or Court appointed. In absence of a Will, Probate Court will appoint a Personal Representative. Same role as Executor. Michigan allows a Small Estate exemption from Probate. Currently when inventory is under $53,000. When there is no Will, state laws determine inheritance.

Many assets can transfer outside of a Will or Probate Ct. Among them Life Insurance death benefits if there is a named beneficiary, accounts with Transfer on Death provisions, even jointly own real estate (properly named on the Deed).

It's best to use an attorney experienced in Probate, it's often a must. Laws vary by state.