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?
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... Read more »
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
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... Read more »
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... Read more »
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... Read more »
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/
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... Read more »
answered on Oct 14, 2021
This varies greatly depending upon the use and whether the company has the power of eminent domain.
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
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... Read more »
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.
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.... Read more »
Family member refused to file the will
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... Read more »
My uncle died in Oklahoma several years ago, never married, had no children, left no will, and had oil rights. His brother, my father, is also deceased and left 4 children (I'm the oldest). How much would it cost to settle this estate? Marathon Oil (Houston, TX) has this account and... Read more »
answered on Oct 16, 2020
Most often this could be handled on a flat fee basis. Two or more probates can be combined into a since case. Most attorneys will quote you a rate over the telephone but are reluctant to provide online quotes.
my mother passed away in 2013 and didn't leave a will. I have a brother and a sister. i have been paying the taxes on the land and everything since 2010, do i have more right to it then they do? They have not once helped me pay taxes.
answered on Sep 21, 2020
Sorry for your loss.
If your mother didn't have Will the property would pass according to the intestacy statute. If she was single at the time of her death and all her children were living, then the likely outcome is for the children to share equally. You may have a claim for the... Read more »
Would you file for probate and where would it be held at
answered on Aug 31, 2020
Sorry for you loss.
For Oklahoma real property a probate may be required here.
For minerals in Texas, visit with an attorney there.
G. Wade Caldwell
Caldwell East & Finlayson
700 North Saint Mary’s Street
Ste.1825
San Antonio, TX... Read more »
I mistakenly sent bankruptcy correspondence to the district insurance coordinator instead of my insurance forms. Can I legally ask her not to share that information throughout her office to her colleagues?
answered on Aug 28, 2020
If this is a work related issue it may be covered by your employment policies. You may wish to visit with human resources if your request to the person fails.
94 year old father wants to quitclaim deed his house to his 3 children to avoid probate. His hands don't work anymore and so his son has power of atty so he can sign for his dad. Can the son sign the quitclaim for his dad if the son is listed as one of the buyers? Do the children have to pay... Read more »
answered on Aug 28, 2020
That transaction might not be the best if the property has increased in value. By using a "Transfer on Death Deed" the father will obtain his objective of transferring the home to children outside of probate. Also, if he will need a nursing home but cannot afford it, the transaction... Read more »
answered on Aug 28, 2020
Some items age off of credit reports. However, a judgment can be periodically renewed. This means that the creditor may still be entitled to garnish wages, banks, etc. Do not confuse a judgment with a credit report.
My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... Read more »
answered on Jul 9, 2020
Great question:
The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right... Read more »
My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a... Read more »
answered on Jun 3, 2020
This might help:
Title 58. Probate Procedure
Chapter 2 - Probate of Wills
General Provisions
Section 24 - Production of Will May be Compelled by the Court
Cite as: O.S. §, __ __
If it be alleged in the petition that the will is in the possession of a... Read more »
answered on Jun 3, 2020
You should always be entitled to your personal medical records.
Marijuana shops around Oklahoma City have recently begin waving defiled American flags The colors have been changed to green and white and they are covered with marijuana leaves. Is this against the law in Oklahoma and if so what are the possible penalties?
When I read Oklahoma Statutes,... Read more »
answered on Jun 2, 2020
I agree it is in poor taste. However, the First Amendment protect creation of such item.
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