Questions Answered by Doak Willis
Q: Co Heir sold property via Quit Claim Deed...part two
Thank you for the quick response. co heir sold property using a quit claim deed then the property was then sold to another party with a Joint tenancy warranty deed. There never was a probate case. We were unaware that the property existed because we were told at the funeral that my granddad sold... Read more »
Any attorney you speak with about this issue will be unable to give you a good answer until he/she is able to see the different deeds you speak of and the quiet titles you speak of along with a few more facts.
Q: Can a Quiet Title be successfully challenged?
Our property was sold fraudulently. The buyers must have known something about the fraud because shortly after the sales quiet title actions were filed. Can a quiet title ever be successfully overturned?
If the quiet title action has been completed to Judgment, it would be very difficult to overturn that Judgment. If it has not gone to judgment, you can win some quiet title cases depending of course on the facts of the case.
Q: I have court tomorrow can i grt arrested if i have past due tickets and a missed court?
Yes. If brought to the attention of the Judge, he or she will order you to jail if there is an outstanding warrant.
Q: Can I owe back child support even if I'm paid up due to a recent increase in payment because salary raise?
I am paid up on child support, did not owe any back child support. Recently received letter stating my payment was to increase. I did not contest this as my wages have gone up recently, but now they are saying I owe $3000 in back support. Why is this? Are they going back to when I first got the new... Read more »
The Court cannot go back to the point you received a salary increase unless that was the same date the motion to modify your child support was filed. In other words, the date of filing for the modification will be the date that your income from that date forward will be used to calculate your new... Read more »
Q: My step daughters father hasn’t paid child support in more than 16 years
My wife is considering taking the issue to a judge now that he is back in the child’s life. However she has read that if there is child support owed in excess of 10k the person can go to jail and we don’t want that for him(he finally has his life back on track) is there a way to do this without... Read more »
Yes. An attorney can prepare the necessary paperwork to reduce the arrearage to Judgment and set up payments without requesting contempt proceedings.
Q: Can I rent out a square foot of my land, so someone can have a mailing address in my state.
I’m hoping to divide the land so people can rent it, thereby giving them an address in such state to establish residence. If they have a mailing address in which they then can get a drivers license in Oklahoma even though they don’t live at the address. Could a case of fraud be brought against... Read more »
Yes you can lease property that you own. Whether the folks that rent from you can establish residency within Oklahoma merely from leasing property is a different legal question. Residency is obtained by actually residing within the State of Oklahoma. That requirement is not met by merely leasing... Read more »
Q: How to terminate a domestic partnership in the state of OK
You will need to hire an attorney in order to properly terminate a partnership in Oklahoma as there may be many issues to resolve that requires an attorneys knowledge.
Q: My dad died and intestate in February. I haven't had the money to file for probate. He owe 7000 on his $70,000 home
He has the money in his savings account but even after I filed and got the EIN number the Bank says I still can't use it to pay off the house. I can't keep paying these payments what can I do
IF YOU FILED THE PROBATE AND WAS APPOINTED AS THE PERSONAL REPRESENTATIVE OF THE ESTATE, you should be able to access the bank funds to make the payments. Talk to the bank again or better yet have your attorney talk to them.
Q: If a person makes an offer on a house and it is accepted before marriage,is it considered personal property?
I took out a mortgage loan exclusively in my name and solely based on my own personal credit. I then made an offer on a house that was accepted before I got married. The house didn’t close until after I was married. Would it be considered a marital asset under Oklahoma divorce law?
You must keep a separate bank account on that house if it is to be rented as an investment. All money collected as rent should be put into that account as well as expenses paid on that property should be written on that account. You should not commingle income produced by you or your wife with that... Read more »
Q: Can my mothers husband keep everything that belonged to her after her death if there was no will just because he thinks
everything she acquired before as well as after their now belongs marriage to him simply because he was her husband at the time of her death. Even things that were acquired while she and my father were married, as well as things that belonged to my grandmother that were given to me when she died... Read more »
No he cannot keep all of the property she acquired before marriage or by inheritance. He would be entitled to a share.
Q: My dad passed away in March 26th 2019. My dad was married to his 2nd wife for 30+yrs. He had a will.
We were not notified until after his death. How can we obtain a copy of the will. He lived in Haskell Oklahoma.
Can we also contest the will?
You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.
Q: If I file a complaint on an attorney for misconduct can the attorney contact me?
Yes. They can attempt to work out the problem. They cannot threaten or harass you.
Q: In oklahoma can landlord change locks keeping items of tenant only after tenant said was gonna move out only 5 days ago
I am only on month to month and pay rent every 2 weeks only owe for 2 weeks rent and went to get rest my belongings and he has changed lock and my belonging s are still inside. Havecbeen given no written notice or anything he just up and basically stole my things
You are capable of getting your personal property back. You must file a small claims action in replevin against the landlord if they won't allow you to get your property.
Q: Once my husband gets an DNA can we sign his rights away?
Back in 2016 my husband and I split for 3 monthso and while that time he MAY have gotten this women pregnant. Her boyfriend signed the birth certificate already. 1.5 years later I was getting bullied by her and her two friends saying this child is my husbands. She wants to go after him for child... Read more »
She can try. Depending upon what her boyfriend signed and the lapse of time and whether they lived together and the boyfriend held the child out as his own are all facts that must be explored to determine whether she would be successful or not. As to signing his rights away, there is no such... Read more »
Q: My father has gaurdianship of my children. How do i file for termination of gaurdianship?
Or request ammended parental plan ?
If the conditions leading to the guardianship being filed and granted have been corrected where the guardianship is no longer needed then you must file a motion to terminate the guardianship setting forth the reasons its no longer needed and have an order for hearing signed by the Judge then those... Read more »
Q: Child is 17 turns 18 before divorce is granted. How does the divorce proceed?
My son was 17 when we went to court . We were told to go to parenting class before divorce would be granted. My son is now 18. We did not go to the parenting class. How do we proceed with the divorce?
If you have an attorney request him/her to set a date for the final decree. If no attorney was hired by either of the parties, make a joint motion to have your final hearing and get an order signed by the Judge for that hearing date and both of you appear and request the divorce be granted. Since... Read more »
Q: My divorce was granted on Mar 25 by judge’s order but an amended decree was filed 2 wks later. which is my divorce date?
The date of your divorce is the date the Judge granted it notwithstanding that the decree or an amended decree was filed much later. The amended decree you speak of should reflect in the opening lines the date the Judge granted the divorce even though filed weeks later.
Q: On a total loss vehicle, when determining the Acual Cash Value
Is it legal for an insurance company to "discount " the asking price of comparable vehicles?
I’m not sure what you mean by discounting the asking price of comparable vehicles. The way it should be valued is what the value of a similar vehicle in similar condition is valued. One of the best ways to find the value of your vehicle is to use the vehicles listed on EBay Motors that are... Read more »
Q: My granddaughter, 7 years old has lived with me for the past 3.5 years. With both parents consent.
I was given temporary guardianship of her till fist of August. Her dad's new girlfriend of 3 months who suffers from PTSD & seizures wants her to live with them. My granddaughter's mom wants her to continue staying with me and she and dad are still legally married. Hiring an attorney would be a... Read more »
If you have a guardianship in place through the Court system, there would need to be filed a motion to terminate that guardianship which means you would need an attorney. If the guardianship is not through the Courts but one where you all had a verbal agreement, you would need to consult an... Read more »
Q: We let someone stay with us that said they only needed to stay for 3 -4 weeks until her apartment was ready
She has been here two weeks longer and we asked her to leave. She refuses. We have given her a deadline several times but she keeps asking for "two more days" We finally said no yet she refuses saying only one more day....then only two more days. She has a key to our house and even refuses to... Read more »
Change the locks and when she leaves for the day, don't let her back in. Otherwise, other than physically throwing her out which is not proper, you would have to file a small claims action against her to have her removed lawfully.
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