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Does she have inheritance right to our deceased brother third of the total estate?
answered on Jan 15, 2018
Your niece would be entitled to notice in probate.
What she inherits depends on whether there was a will and what it provided. Generally speaking, she would be entitled to 1/3 assuming she was his only child.
I’m also being told that if I die without naming someone else on this Affadavit of Surviving Joint Tenant that the land will go to the state, which I can’t imagine. I have a will indicating that it would go to my 2 underage daughters. Thoughts?
answered on Jan 15, 2018
You can name your daughter as joint tenant, but it is probably not the best idea.
Once your daughter is on the title she as rights which will limit your ability to deal with the property. If you concern is that your daughtter's nherit the property once you are gone, you have several... View More
My sister and I are co executors. With 2 other siblings and 2 nieces (deceased brothers children) who are named in the will. Do all of us have to sign closing documents. All property she owns is less than $300,000, including life ins, savings, 2 homes, and personal property.
answered on Jan 11, 2018
Sorry for your loss.
I assume that this is a sale of property being handled by a realtor or title company. They will typically require the party signing the deed to have the authority to do so. I doubt that signatures of all of the children would be sufficient since there. You will... View More
There are only 2 heirs him and his brother. No will, no assests. Just an old house. My concer is it says he is to appear before a judge to answer some questions and sign some papers. What questions will be asked? My husband has extreme anxiety and embarrassed because he didnt finish his education.... View More
answered on Jan 11, 2018
Sounds like you are facing the initial hearing where the personal representative is appointed. He may be asked to raise his hand and answer a few questions under oath. Basically that the information provided the court is accurate and that he will perform the duties to the best of his ability.... View More
account. She has been living with me for the past two years prior to 10-4-17 when she went to nursing home. I have one living brother. How do I close out her estate?
answered on Jan 11, 2018
Sorry for your loss.
Your power of attorney ceased to be effective on your mother's death. It sounds like there is no payable on death, joint account or other automatic way to transfer the funds to you. You may be able to avoid probate with a small estate affidavit. Otherwise you... View More
I'm in oklahoma
answered on Jan 9, 2018
Yes. A joint tenancy can be severed. You don’t need a reason. This would not remove the other’s ownership interest. In other words both of you would own an interest A partition may be a better option.
She resides in other's are to supplement her income. She claims joint tenancy. Can she keep us from receiving the property left to us?
answered on Jan 9, 2018
Joint tenancy is not “claimed”. The titles to the properties needs to be examined as a starting point. You need to see an attorney.
answered on Jan 7, 2018
You are probably looking at probate. The estate might qualify for summary administration. Often these can be handled on a flat fee basis.
answered on Dec 31, 2017
Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.
I am from Pryor, Oklahoma and do not plan on hiring employees for my business.
My business plan is find a business that could use a machine, set up some terms, get them to sign a contract, and pay them a cut of the profit.
So another question I have is would I need to give the... View More
answered on Dec 31, 2017
Congratulations: The Oklahoma Tax Commission has a guide. See... View More
If an alcoholic beverage is pre made, sealed in a bottle,jug,etc. none of which has been consumed before the customer leaves the property, can it be sold in a drive thru. I need to know how I can do that within limits and loop holes of OK liquor laws.
I want to open a to-go daiquiri shack... View More
answered on Dec 31, 2017
Never seen a daiquiri shack in Oklahoma. This would probably be considered a bottle shop since the beverage is to be consumed off-premises. Aside from local restrictions (city / county) look at.... View More
answered on Dec 31, 2017
Sorry, your question does not provide enough information to provide an answer. It all depends upon the facts.
How do I remove him. I believe that the mineral rights ownership was never updated when deeded to my mother over 60+ years ago.
answered on Dec 31, 2017
It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal... View More
Parents retained the mineral right to approximately 40 acres in Latimer County, OK. I found letters addressed to me and my mother that were from several Landmen wanting to lease the mineral rights. I was not aware of these letters until I found them while going through her belongings after she... View More
answered on Dec 31, 2017
The cleanest method is to probate those interests. You may be able to do this using a summary probate procedure. This is usually relatively inexpensive and quick. There is also an affidavit of heirship. However, many oil companies will not pay royalties unless there is a probate court order in... View More
I am a registered sex offender and have told her and asked her repeatedly to not bring her kids around me but still does and has threatened me over it and she has moved in her boyfriend and neither paying me half of the bills and rent that was agreed upon. I want them out and don't know what to do.
answered on Dec 31, 2017
You can use the court to evict an individual on a verbal lease. This is done in small claims. See https://oklaw.org/issues/housing/landlord-and-tenant-problems?channel=know%2Dthe%2Dlaw&category=eviction
I have paid the mortgage payments, but cannot get monies to satisfy creditors? I have an attorney, but the updates are not affordable. He passed in Oklahoma with no will. What happens now if we go to foreclosure? Or what can I do to stay out of foreclosure? I do not know why my attorney did not pay... View More
answered on Dec 31, 2017
I'm not sure that I understand your question. It sounds like the amount owed on the mortgage exceeds the value of the home. If this is the case there would be no proceeds from the sale to distribute to creditors or heirs. However, if you have made mortgage payments from your own funds and... View More
I was buying the house from them when they died but deed is still in their name. Cleared probate, Can I sell as their representative or do I need to transfer title to my name?
answered on Dec 21, 2017
That depends upon what the final decree says. You should consult an attorney because I can think many questions that I would want to ask.
We both bought the real estate together but I elected not to appear on title because at the time of purchase, there were the dowery laws still in force and I knew he couldn't sell without my signature. But now the law has changed and will I have to place a lein against this land to assure my... View More
answered on Dec 19, 2017
It appears that Oklahoma abolished "dowry & courtesy" laws in 1910. So I believe that you were misinformed. There are concepts of joint industry property, forced spousal share and spousal homestead that may provide you some protection. See a family law attorney if you are in a... View More
My husband ( who was divorced) and his sister owned property jointly back in the 80s. The deed said if either of them died, the property would go to the children of the deceased person. Later he married me and we have lived together for 25 years. He never thought to change the wording of the deed.... View More
answered on Dec 19, 2017
This is great question but to answer it an attorney would need to see the deed and know other facts. For instance, did you occupy the property as your homestead? You might be entitled to a forced spousal share, or a marital homestead. If the property is valuable consult an attorney.
answered on Dec 19, 2017
That depends. You might have a claim for adverse possession if you have occupied it for 15 years. Paying taxes, in itself, does not bestow title upon you. I'm guessing that the property belonged to a family member. You may need to file probate to clear the title.
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