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Questions Answered by Richard Winblad
1 Answer | Asked in Probate for Oklahoma on
Q: If my parents pass away do my brother and myself as surviving children need to include our deceased brothers daughter

Does she have inheritance right to our deceased brother third of the total estate?

Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My deceased Grandmother and I were Joint Tenants on land. I am being told I cannot name my 15 daughter as joint tenant

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?

Richard Winblad
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Richard Winblad
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...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: My mother passed with a will. There was a contract to sale her home (OK) prior to passing. Can we proceed w/o probat?

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.

Richard Winblad
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Richard Winblad
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...
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1 Answer | Asked in Probate for Oklahoma on
Q: We have a hearing set for probate court. It is to give my husband control to sell his deceased father's house.

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

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Probate for Oklahoma on
Q: My mother passed away on 11-23-17. I have power of attorney. I have not found a will. All her assets are in her bank

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?

Richard Winblad
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Richard Winblad
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...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am a joint tenant with right of survivorship. Can I sever this joint tenancy due to irreconcilable differences?

I'm in oklahoma

Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Father willed real estate to his children. The widow doesn't want them to have it. She was left with 6 properties. 1

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?

Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How to get land in oklahoma in my name that was willed to me by my deceased parents?
Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Q: Public nuisance codes in small town stonrwall,OK.74871
Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Business Formation for Oklahoma on
Q: Hello I am a Young Entrepreneur and I was wondering what Licences and permits are needed for a gumball machine business.

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

Richard Winblad
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Richard Winblad
answered on Dec 31, 2017

Congratulations: The Oklahoma Tax Commission has a guide. See... View More

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Mergers & Acquisitions for Oklahoma on
Q: Need to find out what the exact limitations are within the Oklahoma liquor laws. Can I open a drive thru daiquiri shack?

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

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Agricultural Law for Oklahoma on
Q: Am I liable for all injuries that occur on my land?
Richard Winblad
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Richard Winblad
answered on Dec 31, 2017

Sorry, your question does not provide enough information to provide an answer. It all depends upon the facts.

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on
Q: I own 140 acres of mineral rights in Oklahoma but 40 acres has another persons name I do not know. How do I remove?

How do I remove him. I believe that the mineral rights ownership was never updated when deeded to my mother over 60+ years ago.

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: How do I get mineral rights in my name?

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

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: What are my rights to evict a person who moved in but signed no lease and verbally agreed to pay half but never paid me

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.

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Estate Planning and Foreclosure for Oklahoma on
Q: My father passed in 2011. I was left with real estate upside down. Now, it will not sell. What choices do I have as PR?

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

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can I sell a house titled to my parents (deceased) as their rep? Has been thru probate

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?

Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: In Oklahoma can a dowery spouse place a lein on homestead real estate to insure faimly inheriting?

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

Richard Winblad
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Richard Winblad
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

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If a man leaves property to his children in the deed, but later marries, would it also be shared with his widow?

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

Richard Winblad
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Richard Winblad
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.

1 Answer | Asked in Tax Law and Real Estate Law for Oklahoma on
Q: I have paid for years of delinquent taxes on property can I get the property
Richard Winblad
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Richard Winblad
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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