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Questions Answered by Richard Winblad

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...
Read more »

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...
Read more »

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...
Read more »

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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.

1 Answer | Asked in Animal / Dog Law for Minnesota on

Q: What if you bring a neighbors dog in your house overnight to sleep with you is that illegal?

Is that considered dog-napping?

Richard Winblad answered on May 17, 2019

I doubt that Minnesota has a kidnapping law related to animals or pets. It could be considered conversion of chattels.

1 Answer | Asked in Employment Law for Oklahoma on

Q: In the state of Oklahoma, claim 75,000 dollars for damages. Chg contingency 50% plus cost. is this High.

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 »

Richard Winblad answered on May 17, 2019

Sounds like you don't understand a contingent fee arrangement you have with your attorney. Ask him or her to sit down and explain how it works.

2 Answers | Asked in Contracts and Real Estate Law for Oklahoma on

Q: I am going to purchase a piece of property from my niece and her husband currently own. I am also going to buy

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?

Richard Winblad answered on May 17, 2019

You would need a Will, Trust or Transfer on death if you want to leave the property to your niece.

As for the mortgage, you would need to purchase life insurance in a sufficient amount to pay-off the mortgage.

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1 Answer | Asked in Probate for Oklahoma on

Q: how would a property sale be handled that occurred about 20 years ago but a will was found and now going thru probate

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.

Richard Winblad answered on May 15, 2019

If this is in Oklahoma there may significant title issues. Unfortunately this question is too involved for a response in this forum.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on

Q: Do I need an attorney to file a contract for deed or can I do it on my own?

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 »

Richard Winblad answered on May 6, 2019

If the contract notarized with seller's signature you can file it as is. If not see an attorney.

2 Answers | Asked in Real Estate Law for Oklahoma on

Q: Can a potential buyer of undeveloped land listed with an realtor in Oklahoma remain anonymous thru the buying process.

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 »

Richard Winblad answered on May 6, 2019

One solution may be to set up a LLC using a name that differs from your own. Since you are paying cash, loan approval would not be a problem.

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1 Answer | Asked in Adoption and Animal / Dog Law for Nevada on

Q: I paid in advance for a dog I never ended up taking. It’s been a over a month and the family hasn’t returned my money.

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 »

Richard Winblad answered on May 2, 2019

Perhaps small claims, you should get the dog or the money.

Contact an AZ attorney.

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: my brother and i are both on the deed to my house. he does not reside in it, only i do. he wants to evict me

i and my mother where added to the deed by "quit claim deed" . my mother has since passed . can he do this?

Richard Winblad answered on May 2, 2019

Eviction is not the proper remedy, however it is possible that he could use a partition action to force the sale of the home. He also may have some rights of occupancy. Contact an attorney in Shawnee.

1 Answer | Asked in Real Estate Law for Oklahoma on

Q: Is notice to quit enforceable on a land purchase

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 »

Richard Winblad answered on May 2, 2019

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 »

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

Q: Is it legal for an individual to sell a portion of their non-participating royalty interest then distribute the revenue?

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 »

Richard Winblad answered on Apr 2, 2019

Buyers should contact the operators directly with the documentation, request Division Orders and provide W-9s.

1 Answer | Asked in Probate for Oklahoma on

Q: My grandmother died in oklahoma, but owns a house in california. She had a will, which state will probate be in?

Richard Winblad answered on Mar 5, 2019

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.

1 Answer | Asked in Probate for Oklahoma on

Q: How long before an estate can no longer go to probate after a person dies without a will in Oklahoma? with a will?

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 »

Richard Winblad answered on Feb 18, 2019

There is not a statute of limitations within which to probate somebody's estate.

If there is a valid Will, then the its distribution instructions are followed.

Intestate, is where someone dies without a Will. Then the property is divided among the heirs according to the statute...
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1 Answer | Asked in Estate Planning and Probate for Oklahoma on

Q: My mother died in an accident and left me her house in JT with ROS a year before. Can her creditors come after it?

From everything I've been able to collect so far it looks as if she will have more debt than her probative estate. None of her debts have me as a cosignatory or co-borrower.

Richard Winblad answered on Feb 18, 2019

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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