I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... Read more »
You cannot tell if you own any mineral rights without checking the entire title chain. However, the reservation in the deed may let you know that you do not own any mineral rights. For instance, if the deed says "All mineral rights are reserved to the grantor."
If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property....Read more »
My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »
You should contact an estate attorney to review the probate proceedings and the Trust documents. The resolution of this issue depends on the specific terms of the Trust and what actually happened in the probate case. Do not delay in contacting an attorney for specific advice. Many attorneys will...Read more »
It depends on what type of easements exist. If you got a title policy , it should have a list of easements. Otherwise you need to have the title reviewed to determine what rights you and others have. Contact a real estate attorney.
So he died very suddenly and without a will. We are both on the lease. A lot of stuff he gave me when he moved in. The problem he is his ex wife wants to just come in my home and take what she deems his for his kids. What are my options??
Unless he had a will or unless you have the basis for a common-law marriage, you have no right to his property. For property that you claim was given to you, you have a proof issue. Unless provided for in the divorce decree or other document an ex-spouse has no rights to his property. If the...Read more »
The person can sell you his/her 1/2 interest. You would own it with the other party. There is no definitive answer for a "and/or" designation in Oklahoma insofar as it concerns real property. If you want all of the property you must get both of the grantees to sign the deed. If either...Read more »
Generally, a quitclaim deed conveys all of the interest of the grantor at the time of the conveyance. However, it all depends upon the actual terms of the deed. You will have to have the deed reviewed by an attorney.
How can an heir legally petition court for admin of estate and in that legally bound petition say they are only heir to the estate knowing there is no will and there are 2 surviving children making them both heirs. To say they are the only heir is lying and the court also at the hearing for the... Read more »
My father recently passed away and he had no will. The 2 surviving heirs would be me and my sister as he was not married and parents are deceased. She petitioned courts and left me out as a heir saying she was his only heir. Is this legal & what can I do? I just found out about this accidently... Read more »
My 82 year-old stepdad just passed, and though he and my mom (married 32 years) had a typed doc stating that in the event of either’s death, everything would go to the other, in the event of both of their deaths, everything would go to me, the document wouldn’t qualify as a will since there are... Read more »
I am sorry for your loss. Since the property is in your stepdad's name only, there will have to be probate of the estate. You should contact a probate attorney as soon as possible to discuss all of the facts so they can give your mother appropriate advice. Your mother may have homestead...Read more »
The personal representative of a member who dies becomes an assignee of the member's interest. The member's assignee interest could be distributed in a probate proceeding to the heirs or devisees of the decedent. The holder of the assignee interest can become a member upon a vote of the...Read more »
I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in...Read more »
Not enough information to answer . What is your relationship to the house? Who are the owners? Who is in possession of the house? Contact an attorney to discuss the details and determine a course of action.
If the power of attorney is broad enough, he can do anything your mother could do. He is restricted by the terms of the power. Unless there is language or agreement that prevents it, your mother could sell her one-half interest in the house, just as you could sell your1/2 interest. He could not...Read more »
Property is unoccupied. Deed says lots 16, 17, 18. Trying to buy land from John Doe and he says he has to get Sue Smith to agree. I think Mr. Doe is in danger of losing his property if Ms. Smith wanted to take it from him since the deed is and/or. Please help.
Grandfather died years ago and left a house to his children, but there's no will. My mom became executor and completed to probate process in California where he lived al so I'm looking into getting it started here. I just read there's a simplified process that we could do if either... Read more »
Generally, the easiest and quickest is to do what is called a summary proceeding. It takes about 60 days to complete assuming all of the heirs are cooperative in providing and returning information. There is a statutory list of who is entitled to be executor starting with spouse, then children and...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.