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Questions Answered by Richard Winblad
2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My grandmother died after her husband passed away he had 2 children still living However my grandmother had 2 sons

My father and his brother both deseaced

I was told that since there was no will that I would receive my father's share and his brothers kids would get his share and of course her husband's 2 kids would get there share is this true because they are trying to split the money... View More

Richard Winblad
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Richard Winblad
answered on Dec 19, 2017

Sorry for your losses.

If you grandmother did not have a Will and the property was subject to probate there are rules regarding inheritance. However, if the money was in an account with payable on death or a joint account, then the person on the account can choose whether or not to share...
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1 Answer | Asked in Probate for Oklahoma on
Q: I recently found my grandmother while she was still alive but unfortunately she passed away a few weeks ago,

my uncle, and her only living child is eager to find her trust and will but doesnt know where to look. She was very meticulous about her affairs and I was wondering what the next step would be, where I can get more information, since he has not had her cremated because he wants her estate to pay... View More

Richard Winblad
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Richard Winblad
answered on Dec 13, 2017

Sorry for your loss.

I would start with the land records. If she had a trust it is likely that you can find the attorney information either from a deed or from an affidavit or memorandum filed in the county where she owned real estate.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I think my dad's family is trying to sell his land illegally, and I feel as his next of kin, the land should be mine.

In 2011, my dad signed a quitclaim deed over to his nephew, giving him a house and five acres in Oklahoma. The nephew never tried to sell the property, until a month after my father passed (July 2017). I didn't claim the land because I thought the quitclaim deed was legal. But, last weekend,... View More

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

To answer this question a copy of the deed needs to be reviewed. Vesting full title in the nephew might depend upon the form used.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I have a house titled in my parents' names, both are deceased, went thru probate- can I sell as their rep ?

This is 3rd time I've submitted this question- just trying to determine if I have to get the title in my name in order to sell, & if so, how to do that?

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

If the final order distributed the property to you alone then you can sell it as your property. If the probate is not completed then you will need an order from the court. You should hire an attorney to assist you with this issue if it is more complicated that that.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: two sisters owned OK land and 75% mineral rights to that land. Both are now deceased. Each sister had 4 children. All 8

now own equally and are working together to sell property but keep 75% mineral rights. Other 25% of mineral rights are in an unrelated, deceased couple's name and, as far as we know, have no known (recorded) descendants. The couple's will allowed MR to go to current owners if they had no... View More

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

This is more of a probate question.

It is likely that a probate is needed in order to get property into the names of the sisters' decedents. If the other couple were relatives, it is possible that the sisters' children may be entitled to that as well. You should visit with a...
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1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: My father died last January (2017) at age 99. We are aware that a 'business associate' 'borrowed' about $250,000.

We believe this man intended to defraud our father. Can we bring suit for elder abuse even though our father has died?

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

First of all sorry for your loss.

The loaned money may be an asset of the estate. Much would depend upon various defenses the partner may have. You would file a probate action and sue as personal representative of the estate if the partner does not pay voluntarily.

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on
Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease
Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest.... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: When my mother passed, she had some of her accounts TOD. I am executor. How do I handle them?
Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

Sorry for your loss.

An executor of a Will or PR of an estate has no duties with regard to transfer on death accounts. There are two large exceptions, first if the estate is subject to federal estate tax which is at about $5.5 million; and second if the beneficiary of the TOD account...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am co owner of property with my husband and his uncle. He is trying to force us to sell it , we have been served with

a petition to partition. If my husband and I don't want to sell, can he force us. We have right to survivorship in the state of Oklahoma

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

If your property is owned jointly the uncle has the right to partition. There are several strategies that you may want to use to either preserve the property or minimize your losses. You should visit with an attorney for suggestions.

1 Answer | Asked in Probate and Estate Planning for Oklahoma on
Q: Father died without a will, his most recent spouse is not allowing his children to look through his belongings. Rights?
Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

First of all sorry for your loss. This sounds like a horrible situation.

You didn't mention but I assume that his children are adults. There is limited information that they could discover regarding assets such as real estate by searching property records. Google "Kellpro Land...
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2 Answers | Asked in Probate for Oklahoma on
Q: Regarding Estate A quit claim deed issued & recorded by trustee my sister)now claimed it to probate, taken back.she wan

Now she claims estate has to go thru probate, I moved into house, paid over $3300 just for insurance,locks changed all utilities are my name. She said I have to get out, move. I have quit claim deed..am I reading last sentence right?

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

Generally, a quit claim deed once filed cannot be "taken back". However, if the person signing the deed (whether as an individual or a trustee) did not have title to the property, then the quit claim deed conveys nothing.

This should be reviewed by an attorney to advise you...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Upon my death, does my home transfer to my second wife under community property law or can I will it to my sons?

Probably a fairly common situation: My first wife and I bought a home together. The home was payed off before she passed away. After she passed, I remarried. However, I never added my second wife to the title of the home. While my second wife and my community property funds did not pay to... View More

Richard Winblad
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Richard Winblad
answered on Nov 21, 2017

I will summarize your question as follows:

What rights does your new wife, have to your home after your death if it was paid for before the marriage?

The answer is a bit complex. The first question is how is the home currently titled. This can make a difference as to whether a...
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1 Answer | Asked in Probate for Oklahoma on
Q: My father died in OK without a will.He leaves behind 4 kids & I filed for probate. Does the Rep get 10% for being Rep?

I was told by a friend That the Representative gets 10% for handling all of it. Or must I ask the lawyer to request that?

Richard Winblad
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Richard Winblad
answered on Nov 17, 2017

Very sorry to hear about your loss. Your question is:

What are the personal representative or executor's fee in a probate?

In Oklahoma a personal representative's fee is determined by Title 58 Section 527. It states that the PR must be allowed " commissions upon the...
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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: my dad died in colorado 2006. my mom died in 2017 and willed me land in oklahoma it is titled in mom and dads name.

dad did not leave will. my brother is named executor of will what do we have to do?

Richard Winblad
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Richard Winblad
answered on Oct 23, 2017

Sorry for your losses.

The first step is to figure our how the land was titled. In most counties deeds are available online either free or for a small fee.

In order to get the property in your name, an Oklahoma probate court must enter an order doing so. Unfortunately, this...
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1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: Can I pay off contract for deed early
Richard Winblad
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Richard Winblad
answered on Oct 23, 2017

Probably, one would have to take a look at the provisions of the contract. If you do so, make sure that the owner grants you a quit claim deed or a release of the contract for deed lien. Otherwise, it may remain as a title issue for years to come.

1 Answer | Asked in Animal / Dog Law, Employment Law, Personal Injury and Workers' Compensation for Oklahoma on
Q: My daughter was employed by a dog daycare for a very short time when she was bitten trying to stop 2 dogs from fighting

She is 19 and received virtually no training on how to handle situations like that other than to squirt them with a water bottle. There were 3 employees watching 70 dogs. She wasn’t even allowed to leave to get medical treatment even though she was bitten quite badly. What legal actions can she... View More

Richard Winblad
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Richard Winblad
answered on Oct 22, 2017

She may be entitled to Workers Compensation and/or claims against the dogs' owners. She should seek out an attorney who handles comp & personal injury claims.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Oklahoma on
Q: If only husband is listed on a nonhomestead deed, does wife have to sign when husband is conveying deed to a grantee?

This is a special warranty deed, on a 40 acre piece of vacant land.

Richard Winblad
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Richard Winblad
answered on Oct 22, 2017

Technically no if it was inherited or property owned before the marriage. However, a title company or good attorney would want the spouse to join in the deed to remove any possibility of a homestead, joint industry, or other claim in the future.

1 Answer | Asked in Probate for Oklahoma on
Q: Parents passed. 5 adult kids. 2 kids were named executors. Some kids think assets (gold/jewelry/$$) missing from safe.

There is a Living Trust. What course can be taken?

Richard Winblad
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Richard Winblad
answered on Oct 22, 2017

Sorry for the loss of your parents.

I'll assume that the safe was not a bank vault (in which case there may be record of who had access).

Unfortunately, this will be a very difficult matter to prove. If a relative pilfered the safe they would not be likely to disclose it....
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1 Answer | Asked in Probate for Oklahoma on
Q: family member has had access to my dads will and has made some changes in his favor through a lawyer “buddy” my rights?
Richard Winblad
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Richard Winblad
answered on Oct 22, 2017

I'm going to make this answer with the following assumptions:

1. You father signed a new Will or an amendment (codicil) thereto;

2. Your father was of sound mind when he did so; and

3. Your father has died.

If these are incorrect assumptions, it would be...
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1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: My brother was the trustee of our trust and dissolved it in 2013. But now us beneficiaries got a summons on the house

He dissolved the trust saying it was broke and had no funds. Are the rest of us responsible for the loan on that house and the taxes owed? He is the only one who benefited from any of the funds or property our grandmother left. We did not have any way of knowing what he was up to.

Richard Winblad
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Richard Winblad
answered on Oct 16, 2017

You have a two part question:

1. Unless you signed a note, you are not personally liable for the debt. Still the mortgage holder can foreclose on the property.

2. You are also not personally liable for the taxes. But if the taxes are not paid the property will be sold at a...
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