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Questions Answered by Richard Winblad

2 Answers | Asked in Probate for Oklahoma on

Q: I live in my family's house. I have lived in this house for 16 years, paid the taxes, and maintained repairs.

My 1st cousin is who has title to the house has been dead 27 years. I am trying to get title in my name so i can pass it on to my granddaughter when I die to keep it in the family. What is the best way to get a clear title?

Richard Winblad answered on Sep 13, 2019

If there are more claimants than you to your cousin's estate it is possible that you have a claim by adverse possession but this would probably require a quiet title action. In either event you will need an attorney

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1 Answer | Asked in Estate Planning for Oklahoma on

Q: In Oklahoma, if you have a revocable trust, do you have to file the will in District Court?

My father passed away this last August and he and my mother have a revocable trust naming each other as Trustees and everything going to the surving spouse. We want to make sure we are doing everything legally and are wondering if you have to file the will with the District Court if they had a... Read more »

Richard Winblad answered on Sep 12, 2019

Probably not unless the didn’t transfer property into the trust.

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?

Richard Winblad answered on Sep 12, 2019

No unless the deed requires occupancy

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1 Answer | Asked in Estate Planning, Patents (Intellectual Property) and Probate for Oklahoma on

Q: grandmother died in 1902, prior to receiving patent deed, with no will. received heirs deed, can i file probate?

Richard Winblad answered on Aug 15, 2019

Generally, yes, a probate can be filed irregardless of how long somebody has been deceased. The question is whether such a probate would fix the title issue you have.

1 Answer | Asked in Probate for Oklahoma on

Q: I wasnt notified of my mothers estate being sold in probate..anything I can do?

Richard Winblad answered on Aug 14, 2019

If this involved real property in which the "probate estate" had an interest, then you should have either consented or been notified. Locate an attorney in the county where the probate occurred to check out your options.

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: co heir sold parcels via quit claim deed without our knowledge

a co heir sold several parcels of land via a quit claim deed the closing statement says something like forever barring heirs of first part (her) to claims of the property

To have and to hold the above described premises unto the said of the second part as joint tenants, and to the heirs and... Read more »

Richard Winblad answered on Jul 31, 2019

I assume that this is property located in Oklahoma.

If you were on title to the property, then the buyers did not receive full title. You possibly still have an interest and remedies.

If this were sold during probate, those records would need to be reviewed to determine if she...
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1 Answer | Asked in Real Estate Law for Oklahoma on

Q: I listed a house to sell and married prior to closing. Does my wife need to sign any documents ?

Did I need to advise my realtor?

Richard Winblad answered on Jul 31, 2019

At closing it is likely that she will be required to sign off on the deed even if she is not on the title. This is because should could oppose the sale because of a spousal homestead claim. Let the realtor know, the title company should be able to handle this easily.

2 Answers | Asked in Estate Planning for Oklahoma on

Q: Is it legal for my mother to write her own will as long as it is witnessed and notarized?

She owns her own home, is a widow, has a car and a 401. No bills to speak of other than utilities. Credit cards paid off monthly.

Richard Winblad answered on Jul 12, 2019

Absolutely, but it is extremely easy to create an invalid Will. A 401k will be disbursed according to the beneficiary designation even if the wheels leave it to somebody else.

She should also consider probate avoidance techniques such as trusts, Transfer on death designation’s etc....
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1 Answer | Asked in Probate for Oklahoma on

Q: $30,000 in a sole bank account. Descendent left pour over will for all assets to go into his trust. Probate or ?

My father passed. I am/was his POA so was removed from acct. I am Trustee for myParents trust. My mother is surviving and I’m her POA as well. Since he had pour over will do I need to go through probate? All other funds in Trust except my mother’s surviving SS bene (I am Rep Payee) and... Read more »

Richard Winblad answered on Jul 8, 2019

If his account wasn't in the trust, no joint owner or Payable on Death Beneficiary, then you will probably be required to probate the estate. It sounds like a summary probate would be appropriate in this situation.

4 Answers | Asked in Estate Planning, Tax Law and Probate for Oklahoma on

Q: My father died with no will. His house/property went to myself and his wife. She hasn’t paid taxes in 4 years. Options?

I am his daughter. I started receiving back tax stubs about 6 months ago and just got a letter of intent to auction. She refuses to sell the property back to our family (we got the land in the Okalahoma Land Run) and refused to pay the taxes. Shouldn’t the resident of the property be responsible... Read more »

Richard Winblad answered on Jul 8, 2019

Sorry for your headaches.

I am assuming that the wife has a spousal homestead in the property. You may want to protect your interest by paying the taxes to prevent a tax sale. You would be entitled to contribution if the property later sells. While I agree that she should pay the taxes,...
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1 Answer | Asked in Real Estate Law, Estate Planning, Patents (Intellectual Property) and Probate for Oklahoma on

Q: Mother died in 2008 no will daughter been paying taxes on land acreage a14 years how do I get it in my name

Richard Winblad answered on Jul 8, 2019

If the property was owned in mother's name alone, this will require a probate. Since there was no Will, it would pass according to intestacy statutes. If she was single and you are the only heir, this should qualify for a summary probate. If she was married and/or had additional heirs, then the... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on

Q: Woman has oil interest in OK. Died 1965. Intestate. 1 son/heir. No rec of convey but 1 1976 OGL in his name. Same legal.

Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash bonuses & royalties in... Read more »

Richard Winblad answered on Jul 3, 2019

This is hard to say without reviewing the records and the Will.

Was the Will actually probated? Some wills are invalid for various reasons.

However, it is likely that 3rd wife's heirs at law would be entitled to the interests.

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: If a Judgment Lien does not reference a specific legal description, does it attach to any or all real property owned?

Richard Winblad answered on Jun 28, 2019

Yes, similar to a tax lien it attaches to all real property within the county it is filed. See 12 OS Sec 706. There may be an exception for severed mineral interests.

1 Answer | Asked in Elder Law for Georgia on

Q: Can Medicaid put a lien on my home and ask me for money for my father’s nursing home care?

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.

Richard Winblad answered on Jun 20, 2019

This is known as a Fillial law. See:

https://law.justia.com/codes/georgia/2010/title-36/provisions/chapter-12/36-12-3

You should hire a Georgia Elder Law attorney.

1 Answer | Asked in Energy, Oil and Gas, Real Estate Law and Probate for Oklahoma on

Q: Oil and gas leases in a minors name with listed custodians on it, what rights do they have as non legal guardians

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.

Richard Winblad answered on Jun 20, 2019

If the children are now adults they may want to pursue a quiet title action against the grandparents.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on

Q: I don't agree with a Division Order's interest. What are my rights?

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 »

Richard Winblad answered on Jun 20, 2019

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.

The...
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1 Answer | Asked in Probate for Oklahoma on

Q: My grandmother didnt mention me by name in her will and i have been named a legal heir. What does this mean for me?

She did list my mother in will as her daughter but my mother has died.

Richard Winblad answered on Jun 11, 2019

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...
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2 Answers | Asked in Real Estate Law for Oklahoma on

Q: We have a property with 8 listed owners. How many have to agree to sell the property for us to be able to sell it?

Richard Winblad answered on May 30, 2019

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...
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1 Answer | Asked in Estate Planning for Oklahoma on

Q: I married a man with adult children. We bought a home since. If he passes can they take the home from me?

All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.

Richard Winblad answered on May 20, 2019

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...
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1 Answer | Asked in Animal / Dog Law for Tennessee on

Q: My mom is trying to keep my dog after watching her a couple weeks and now won’t give her back, is it legal?

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?

Richard Winblad answered on May 17, 2019

Probably, check into small claims in your state.

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