Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Doak Willis
1 Answer | Asked in Consumer Law and Collections for Oklahoma on
Q: I completed a total remodel of a rent house now owner refuses to pay me, how can I collect my money
Doak Willis
Doak Willis answered on Sep 12, 2019

If you were the contractor, you can file a mechanics and materialmans lien on the property as long as it is not too long after you last worked on the property or supplied materials. Then if they don't pay, you can foreclose the lien.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am selling my house and signed a contract with buyer for $X. Appraisal came in $X-7 so closing got postponed while

buyer tried to straighten out. 10 days later, no progress. Is this contract null and void? I want to put house back on market.

Doak Willis
Doak Willis answered on Sep 12, 2019

Only a Court can determine whether a contract is null and void. If you are seeking to terminate the contract, you must get an agreement with the buyers.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a life estate be terminated if the owner of the life estate has abandoned the property?
Doak Willis
Doak Willis answered on Sep 12, 2019

Yes. You must see an attorney to get it properly terminated however.

View More Answers

1 Answer | Asked in Real Estate Law for Oklahoma on
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 »

Doak Willis
Doak Willis answered on Aug 1, 2019

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.

1 Answer | Asked in Real Estate Law for Oklahoma on
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?

Doak Willis
Doak Willis answered on Aug 1, 2019

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.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: I have court tomorrow can i grt arrested if i have past due tickets and a missed court?
Doak Willis
Doak Willis answered on Jul 29, 2019

Yes. If brought to the attention of the Judge, he or she will order you to jail if there is an outstanding warrant.

1 Answer | Asked in Family Law and Child Support for Oklahoma on
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 »

Doak Willis
Doak Willis answered on Jul 29, 2019

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 »

1 Answer | Asked in Child Support for Oklahoma on
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 »

Doak Willis
Doak Willis answered on Jul 29, 2019

Yes. An attorney can prepare the necessary paperwork to reduce the arrearage to Judgment and set up payments without requesting contempt proceedings.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
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 »

Doak Willis
Doak Willis answered on Jul 28, 2019

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 »

1 Answer | Asked in Family Law for Oklahoma on
Q: How to terminate a domestic partnership in the state of OK
Doak Willis
Doak Willis answered on Jul 28, 2019

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.

1 Answer | Asked in Probate for Oklahoma on
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

Doak Willis
Doak Willis answered on Jul 28, 2019

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.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
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?

Doak Willis
Doak Willis answered on Jul 28, 2019

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 »

1 Answer | Asked in Probate for Oklahoma on
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 »

Doak Willis
Doak Willis answered on Jul 23, 2019

No he cannot keep all of the property she acquired before marriage or by inheritance. He would be entitled to a share.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
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?

Doak Willis
Doak Willis answered on Jul 23, 2019

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.

1 Answer | Asked in Civil Rights for Oklahoma on
Q: If I file a complaint on an attorney for misconduct can the attorney contact me?
Doak Willis
Doak Willis answered on Jul 23, 2019

Yes. They can attempt to work out the problem. They cannot threaten or harass you.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
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

Doak Willis
Doak Willis answered on Jul 23, 2019

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.

1 Answer | Asked in Family Law for Oklahoma on
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 »

Doak Willis
Doak Willis answered on Jul 23, 2019

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 »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: My father has gaurdianship of my children. How do i file for termination of gaurdianship?

Or request ammended parental plan ?

Doak Willis
Doak Willis answered on Jul 23, 2019

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 »

1 Answer | Asked in Divorce for Oklahoma on
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?

Doak Willis
Doak Willis answered on Jul 21, 2019

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 »

1 Answer | Asked in Divorce for Oklahoma on
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?
Doak Willis
Doak Willis answered on Jul 21, 2019

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.

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.