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· 9/17/2024

IN THE MATTER OF THE ESTATE OF EVANS

Citations

  • 2024 OK 65

Syllabus

¶ 0 Melissa Evans was involved in a fatal motor vehicle accident with a car being driven by Darrell D. Blaylock. Both Evans and a passenger in Blaylock's automobile, George D. Blaylock, were killed in the crash. Evan's son, Joshua Evans, initiated a probate proceeding and was named personal representative of his mother's estate. Later, Joshua Evans filed a motion seeking a court order declaring that Melissa Evan's house qualified for the homestead exemption. The probate court denied this request and Joshua Evans commenced an interlocutory appeal. We retained the case and now hold that the subject real property does not qualify for either a constitutional or probate homestead exemption.

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