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Questions Answered by Richard Winblad
2 Answers | Asked in Real Estate Law for Oklahoma on
Q: We have a farm with four owners with undivided surfaced interest. What are our options if one wants to sell?

I own 300 acres. My sister owns 300 acres. Cousin number one has 150 acres. Cousin number two has 150 acres. All this surface is undivided.

Richard Winblad
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Richard Winblad
answered on Jan 8, 2024

1. Informal Partition by Agreement:

This option involves the owners reaching a mutual agreement on how to divide or sell the property without court intervention. Here are some steps you might take:

a. Negotiation: All owners need to discuss and negotiate the terms of the partition,...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: How difficult is it to set up an irrevocable trust in Oklahoma for just a bank account and furniture in an assisted

living facility? My mother's rent is paid by my deceased father's pension and social security payments, with a little overage each month. I want to protect her assets if/when she needs a nursing home, there is $172,000 in her bank account after the sale of their home. She is 79 with... View More

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

That is a great question and I can see that you have done some homework.

The document preparation is not overly difficult for an attorney well versed in elder law and Medicaid eligibility. But the work is in counseling, reviewing and planning. There are questions regarding if the client...
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2 Answers | Asked in Foreclosure and Real Estate Law for California on
Q: On the day the company that bought my home came to take possession of my home my name was still on the deed

I went to the recorders office to get copies of the deed which still had my name on it

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

I'm not licensed in California, so this information may be helpful when you visit with a California licensed attorney.

People often confuse the concept of car titles with property ownership. A car title is typically signed over to the purchaser. The same is not true with real estate....
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Please give me an idea of typical property i.e. home furnishings, tools in my garage, animals, etc. in a pour over will.
Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

A pour-over Last Will and Testament is a document that is ancillary to and supports a Trust agreement. Think of a trust as a wagon, it only works if something is put into it. This is known a funding. When creating a trust, there is usually a document that assigns your personal property into the... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Health Care Law for Oklahoma on
Q: Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?

Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?

Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have DPOA over my mother signed in Georgia in 2012. She lives in OK now. Does OK recognize out of state DPOA?

I called her Medical insurance company and they said that they couldn't talk to me as they didn't have an OK DPOA. The GA DPOA had 2 witnesses and a Notary.

Richard Winblad
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Richard Winblad
answered on Jul 11, 2023

Sorry to hear of your headache with the insurance company. This is difficult to answer without seeing the power of attorney your mother signed.

____________________

Oklahoma Statutes Title 56 OS Sec. 3006(C) states:

C. A power of attorney executed other than in this state...
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1 Answer | Asked in Energy, Oil and Gas for Louisiana on
Q: If we don’t own the mineral rights on our land, what rights do we have if the mineral rights owner leased the land and

they are proposing to drill 3 wells on our property, using 9 acres of our 24 acre property?

Richard Winblad
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Richard Winblad
answered on Jul 7, 2023

The answer to this question depends on the state in which you own the property. Generally speaking the mineral estate is considered the dominant estate. This means that as a surface owner you have limited rights. Companies usually want to have good relations with the surface owner and will... View More

1 Answer | Asked in Energy, Oil and Gas and Estate Planning for Louisiana on
Q: Chesapeake Energy property, which was in deceased father’s trust, did not have a quit claim from trust to

beneficiaries. This was discovered after trust ended with final tax return. Chesapeake insists there has to be quit claim from trust to beneficiaries in order to claim ownership, but since trust no longer exists, nothing can be conveyed. What should be done?

Richard Winblad
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Richard Winblad
answered on May 1, 2023

Sorry for your loss.

It is no uncommon for minerals to left out of a trust. In fact the same thing happened to Bing Crosby. It is extremely likely that your father also had a will with a clause that instructed that any property administered is to be put into the Trust. This is known as a...
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2 Answers | Asked in Energy, Oil and Gas and Probate for Oklahoma on
Q: I live in florida and my deceased mother used to receive royalty checks for property that family owned? Oil companies

Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you

Richard Winblad
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Richard Winblad
answered on Nov 21, 2022

Be cautious when dealing with companies who want to purchase the minerals. Often purchasers know much more about your minerals than you do. For example, they may be aware increased development in the near future. Also, they will typically want you to warrant title which means that you may have... View More

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1 Answer | Asked in Foreclosure for Washington on
Q: true that if I pay all the back property taxes on a property that I will own it/ have the deed in my name? Washington
Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

In most states merely paying back property taxes does not create an ownership interest. You should visit with a Washington attorney with all of the facts.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

2 Answers | Asked in Foreclosure for Michigan on
Q: I need help there trying to take my house an sell it an I need an attorney
Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

You might also want to visit with a bankruptcy attorney. If you just need some breathing room to get caught up he or she can explain options.

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1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: My mom's who haves past away house sold for back taxes I was not aware of it at the time I hade plans on retiring and mo

Moving in it I was not aware of it getting sold for back taxes haw can I get what is left after it sold it sold for only 13800 it was worth a lot more there's 80 000 left after sale haw do I redeem that

Richard Winblad
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Richard Winblad
answered on Oct 13, 2023

If the home was sold for back taxes you, as an heir, may be able to claim your share of the excess funds. This may require identifying the other heirs, if any. Due to the amount there may be the need for a probate case to clear things up.

This post is not legal, tax or investment advice....
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2 Answers | Asked in Family Law, Personal Injury, Real Estate Law and Energy, Oil and Gas for Texas on
Q: Person in possession of heirship affidavit on my ancestor has been impersonating self as my deceased ancestor since 198-

She and her descendants filed false documents to access in a county court to collect royalty payments on the gas and oil leases which she forged. Need to file for the court to review all related documentation and restore my rights. Want to represent self in court as I can tell my story and... View More

Richard Winblad
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Richard Winblad
answered on Oct 6, 2022

This is not a rant against you or against pro se litigants in general.

Your story may be compelling, but the problem is most clients need coaching in order to tell the relevant portions. Most clients want to bring up extraneous matters. You have limited time to explain the salient...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: rental property's lease expired and they keep accepting payments does that automatically renewal your lease for a year?
Richard Winblad
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Richard Winblad
answered on Nov 5, 2021

I don't practice in this area, but you may want to review.

https://law.justia.com/codes/oklahoma/2016/title-41/section-41-111/

2 Answers | Asked in Traffic Tickets for Oklahoma on
Q: Can you treat a stop sign as a yield sign if there is no oncoming traffic?
Richard Winblad
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Richard Winblad
answered on Nov 5, 2021

Beginning 11/1/2021

Title 47. Motor Vehicles Section 11-202.1 - Operating a Bicycle state:

B. 1. A person operating a bicycle approaching a stop sign shall:

a. slow down,

b. if required to avoid an immediate hazard, stop at the stop sign before entering the...
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What is the para for legal easement (33 FT) in western Oklahoma Please
Richard Winblad
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Richard Winblad
answered on Oct 14, 2021

This varies greatly depending upon the use and whether the company has the power of eminent domain.

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2 Answers | Asked in Collections for Oklahoma on
Q: Got served a notice to appear in court over furniture we allowed to be repossessed years ago company won’t settle

We tried to call and see if they’d settle for a lower amount to keep it out of court they declined and are threatening putting Liens on property and taking wages over $1300

Richard Winblad
PREMIUM
Richard Winblad
answered on Sep 15, 2021

You might look at this statute, Keep in mind that the dollar amounts have been dollar adjusted and the $1,000 is not $5,400

_______________________________

Section 5-103 - Restrictions on Deficiency Judgments in Consumer Credit Sales

(1) This section applies to a consumer...
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4 Answers | Asked in Estate Planning for Oklahoma on
Q: If someone makes a will and then lists someone else as POD of their bank account. What happens? Who would the money go?
Richard Winblad
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Richard Winblad
answered on Aug 9, 2021

I agree the the answers below, however if the individual named was married to the account holder then divorced prior to his or her death, then Title 15 O.S. Section 178 may prevent the divorced beneficiary from collecting.

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: In Oklahoma, do you have to have an attorney to file a Quitclaim Deed to transfer real property to a family member?
Richard Winblad
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Richard Winblad
answered on Mar 4, 2021

No. There is no legal requirement that a quit claim deed be prepared or filed by an attorney. However, people often do no complete even a statutory form correctly. Also, it is generally considered the unauthorized practice of law for someone who is not a party to the transaction to prepare it.... View More

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3 Answers | Asked in Probate for Oklahoma on
Q: What is time limit to file for probate in Oklahoma

Family member refused to file the will

Richard Winblad
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Richard Winblad
answered on Dec 9, 2020

No there is not a time limit. Also, a Will must be produced. Title 58 Oklahoma Statutes Section 24 states:

If it be alleged in the petition that the will is in the possession of a third person and the court is satisfied that the allegation is correct, an order must be issued and served...
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