Possible Conflict of Interest in Probate Proceedings
My stepfather recently passed away. My stepsister is his personal rep. My mother preceded him in death. They had a joint will that stated that upon the death of the surviving spouse, the estate would be divided with 50% going to my stepsister and 50% to be divided equally between myself and my 3 siblings. All of the assets except one was payable upon death and does not require a probate in Idaho. However, he had gas and oil leases from Oklahoma. My stepsister thinks she should inherit these because my stepfather told her she should have them and gave her his files. The leases are in his name but Idaho is a community property state and no exceptions were made in the will that they should go to her. I am sure my mother and my stepfather discussed this at the time they made their will but at that time they weren't worth much. Now they are. Since she will be handling the probate, is there anything she can do to get these leases? Do we need to hire an attorney to look out for our interest in these leases. Because of these leases, they will be probated in Idaho and an ancillary in Oklahoma, as required by the gas/oil leasing company.
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