TOMA v. TOMA

No. 102,801.

163 P.3d 540 (2007)

2007 OK 52

Timothy N. TOMA, Administrator of the estate of Margaret E. Meszaros, Plaintiff, v. Claire Henrietta TOMA, Matthew C. Toma, and Jill Renee Toma, f/k/a Jill Renee Eddy, Defendants, and Claire Henrietta Toma, in her capacity as settlor and trustee of the Claire Henrietta Toma Revocable Trust u/a dtd 12/30/2003, Plaintiff/Appellant, v. Timothy N. Toma, in his individual capacity and in his capacity as Ancillary Administrator of the Estate of Margaret E. Meszaros, Deceased, Defendant/Appellee.

Supreme Court of Oklahoma.

As Amended July 24, 2007.


Attorney(s) appearing for the Case

Steven M. Harris, Douglas R. Haughey, Tulsa, OK, for Appellant.

Christopher J. Petersen, Oklahoma City, OK, for Appellee.


OPINION

WATT, Justice.

¶ 1 In this case, we are asked to find an exception to the general rule that a lien on joint tenancy property is extinguished if the creditor fails to execute on the lien before the death of the joint tenant. The lien at issue arose pursuant to 12 O.S.2001 § 706(B)1 which incorporates portions of the Oklahoma Constitution2 and the Oklahoma Statutes

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