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Questions Answered by Howard Berkson
1 Answer | Asked in Estate Planning for Oklahoma on
Q: How do I remove a personal represtative from a will?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

The best way is to formally revoke the old will and establish a new will with a new personal representative named in the new will. There are problems that can arise with documents that merely modify an existing will. However, you should still consult with an attorney about the formalities of a... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Property boundary lines question in Oklahoma

Built my fence in 1960s. Moved off the survey mark 24" on to my property to eliminate neighbors tying on to or using my fence without permission. Neighbor is now claiming the fence and the 24" of land. What do I need to do to correct the situation?

Howard Berkson
Howard Berkson
answered on Oct 26, 2013

You probably will have to file a quiet title action. That is a lawsuit to get a court determination of who has title to the 24" strip. Until this title issue is resolved, your neighbor's claim on the 24" strip could interfere with a land sale. You should use an attorney for this kind of issue.

1 Answer | Asked in Environmental for Oklahoma on
Q: Does oil or gas companies have the right to draw water out of muddy boggy river
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

That normally depends on the lease provisions but there are statutes, regulations, and case law that apply to the mineral owner's use of the surface. You should consult with an attorney.

1 Answer | Asked in Environmental for Oklahoma on
Q: What is the definition of clean lumber?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

"Clean lumber" is defined by the Oklahoma Department of Environmental Quality. "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted,... View More

1 Answer | Asked in Personal Injury for Oklahoma on
Q: I was injured in Oklahoma, and need surgery. I now live in Colorado but I.am being told I have to have surgery in Okl.
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Your options depend on why you are being told treatment must be in Oklahoma. Start by consulting with an attorney where you now live.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My wife brought a house in her name only 2 yrs after marriage. In case of a divorce, what rights do I have to the house?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

That is a complicated question. The answer depends on a lot of variables. Property can belong to one spouse or it can be marital property owned by both. Property that is individual can become marital property. You should speak with an attorney who, with all the details, can better determine the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can someone back out of a contract to sell a house hours before closing?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

You should consult with an attorney to determine if the agreement to sell was an enforceable contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Had an agreement to purchase property, have copy of email with agreement seller then resales property few days later

Do i have any rights, i made several attempts to contact seller no response one week after agreement called to let seller know i had the funds and thats when seller informs me she already sold property to someone else its there anything i can do. I have written agreement stating she agreed to sell... View More

Howard Berkson
Howard Berkson
answered on Oct 26, 2013

You should consult with an attorney to determine if your communications with the seller may have formed an enforceable contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can I sell my home in Oklahoma when I have already relocated?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

If you own real estate in Oklahoma, then you own it wherever you are. And, if you own it, you can sell it. However, your rights to sell or to take all the proceeds of a sale may be limited if there are other businesses or persons with an interest in the property.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My ex-husband is very ill. What happens if he passes away before signing quit claim deed on my residence?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

The property will be awarded according to his will. If he has no will, a court will award it to someone according to laws specifically made for distributing the property of a deceased person. Ordinarily, one ex-spouse has no rights to the property of the other ex-spouse. However, there are... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: We bought a house from my husbands friend, it was paid off in may and the man still hasn't put it in our name.
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

There are probably steps you can take to preserve your ownership interest while you work on getting the title straightened out. You should consult with an attorney about your options and best course of action.

1 Answer | Asked in Internet Law for Oklahoma on
Q: My underage/minor son paid money on an Adult only internet site. Is the site required to payback the money to us?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Ordinarily, a contract with a minor can be voided, but there are exceptions. It is difficult to be more specific without more information. You should consult with an attorney who, with more information, can better explain your options.

1 Answer | Asked in Sexual Harassment for Kentucky on
Q: I am being sexually harrassed at work, i have went to managment and spoke with them and told them..nothing being done
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

You can simply report the matter directly to the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency charged with enforcing the federal law prohibiting sexual harassment. There may also be a state law and a state agency enforcing that law in Kentucky. If you don't... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What is the limitations for the da to press charges on a first time felony charge
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

The limitations period does not change according to the number of prior felony convictions. However, different crimes have different time limits and certain activities may extend the time during which you may be charged.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Trying to find expungement petiton forms, dont know who to talk too first, I am in Tulsa, OK
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

The Oklahoma State Bureau of Investigation has information on their website about expungement: http://www.ok.gov/osbi/Criminal_History/Criminal_History_Record_Expungem...

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Is it illegal to have nonflashing blue lights that do not face forward on the side of a motorcycle Ok
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Probably your main risk is being charged with impersonating a police officer. The issue is that it is not up to you whether someone else thinks you are a police officer. If someone yields or stops under the impression you are a police officer, you can end up with jail time even though you did not... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: The incident happened on 9/9/2011, if I file small claim on 9/9/2013, do I pass statue of limitation in Oklahoma?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

Unfortunately, 9/9/2013 has already passed. The statute of limitations for most claims in Oklahoma is two years. It is shorter for some things and longer for others. You should consult with an attorney who, with the details, can help you determine if your claim is viable.

1 Answer | Asked in Federal Crimes for Tennessee on
Q: If a case was dismissed and expunged how long does it take to clear my background/record?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

It depends on who is supplying the background report. If you suffer any negative consequences from the use of background report information, you should consult with an attorney in your area.

1 Answer | Asked in Federal Crimes for Oklahoma on
Q: I have a boyfriend that went to prison on fed drug charges twice, where can i find out info on case
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

The fastest and easiest way is to create an account at pacer.gov and search there for the cases. Pacer is relatively cheap and easy to use. The older the cases are, the less likely they will be there, especially as you get toward 20 years old. If the cases are not on PACER, you should contact... View More

1 Answer | Asked in Federal Crimes for Oklahoma on
Q: What does dismissal due to lack of jurisdiction mean to an imate that has filed a motion for reduction of sentence?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

It means that the court in which you filed the motion does not have authority to rule on it. There are too many possibilities for me to be more specific about why the court decided it did not have authority.

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