My father died and he was in a nursing home on Medicaid. He doesn’t have any real estate, 60.00 in bank , no cars, no life insurance, but I was contacted by estate recovery about determining if there will be an estate recovery. Recover from where? I live in Georgia. Thank you.
Parents didn't give permission for anything listed in the minors name to be conveyed or sold. Grandparents listed themselves as custodians. Conveyed everything to themselves from the children.Grandchildren never received anything on the oil and gas revenues.
I wrote "Disputed" on the Division Order and sent it back after inheriting a portion of the lease. Producer (Butkin Oil) takes 80%, by their own admission and won't say where the other 20% goes. My owner interest is less than .002%. It also appears that I am paying state taxes for the total... Read more »
Oil and gas law is complicated. The operator typically has the lion's share of the revenues because it pays for all the expenses and therefore has all the risk. If they spend a million and the hole is dry they eat all of the cost. However, a royalty interest owner pays nothing.
Your question is missing some context here, such as whether there is an active probate.
Although your situation may be different, most individual who create a Last Will and Testament name their children as the primary beneficiaries. There is typically a clause that addresses the situation...Read more »
For this answer I am assuming that this is surface interest and not minerals.
Each individual can sell their fractional ownership but that would not effect the rights of those not joining in. This may be case where a judicial partition makes sense. It is a way to force division of parcels...Read more »
A couple of things. Under Oklahoma law for property located here.
If deed named you and your husband as Joint tenants with right of survivorship then the property will belong entirely to you (subject to the mortgage) by filing an affidavit of surviving joint-tenant with his death...Read more »
She got my pup spayed and the rest of her shots while I was gone, but now she won’t give her up and says I can’t take care of her. She’s trying to put her up for adoption. Is this legal? Can I get my dog back?
The day before filing the case, they chg 50% plus cost, but case was not filed in Federal court instead it went district. Only $75,000 was requested for damages. Is this chg to high? Counsel request court for attorney fees. If I'm being chg cost from the award. Would the request to the court for... Read more »
a park model mobile home to put on that property. I will have a mortgage on that property. I would like to will the land and home to my niece free and clear. Is there some type of mortgage insurance I could purchase. what would you suggest?
The will gave the property to 3 heirs one heir sold their portion of the property via quit claim deed. The buyer at that time sold the whole property to a new buyer with a Joint Tenancy Warranty Deed. I recently found my Grandfather's will and it is going through probate.
I was served a 10 day notice to quit on a property that I have a purchase agreement on through the owner. He is trying to push me off the land as he recently obtained a permit to grow medical marijuana. I have receipts and proof all payments are current.. I have been paying extra for the taxes and... Read more »
My husband father and aunt inherited several acre of undeveloped land several years ago . The aunt stated years ago that she will not sell it to any of the grandchildren because her child couldn't afford it. My father-in-law doesn't care who buy it. They now have it listed with an realtor. My... Read more »
What’s the best route to take to get my money back from them? Unforeseen circumstances arose between the time I paid for the dog and when I was supposed to pick him up so I made the decision to back out. Communication has been terrible it’s been about three weeks since I’ve heard from the... Read more »
I have a contract on a piece of property with a home I am living in with my family.. seller has decided he now wants the property to legally grow marijuana on and has now served me with a 10 day notice to quit... everything I find states that the landlord tenant act does not cover a contract for... Read more »
If you have a contract for deed, it is treated as a deed and mortgage in return. It is not a landlord situation. He can only foreclose if you default in the payments or perhaps other provisions. If he attempts to evict, the small claims court will not have jurisdiction. You should file your...Read more »
Sam has bought Texas and Oklahoma mineral acreage/interest for the past 40 years. Some has become producing and he sells some of his interest to others by executing deeds for them. He does not instruct these "investors" to request division orders directly from the operators by submitting a copy... Read more »
California law controls distribution of real estate within its borders. If there is no probate property (land, bank accounts, etc) in Oklahoma you should file probate in California. An Oklahoma probate would not change ownership of out-of-state real property.
Is there a timeframe that an estate has to be probated? Does this change with a will and without a will? I see the term testate used a lot for people who have a will, does that term only apply to people who have had the will go through probate and proven to be a valid will, and would you refer to... Read more »
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.
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