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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... View 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... View 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... View 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... View 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... View 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).... View 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... View 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... View 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... View 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,... View More
answered on Jun 2, 2020
I agree it is in poor taste. However, the First Amendment protect creation of such item.
Explain this to me
answered on Jun 2, 2020
Absolutely:
2014 Oklahoma Statutes
Title 68. Revenue and Taxation
§68-1624.1. Aerial luminaries.
Universal Citation: 68 OK Stat § 68-1624.1 (2014)
A. It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial... View More
answered on May 13, 2020
I assuming that you want to sue Oklahoma because it put measures in place due to Covid-19 that has delayed your knee surgery. For the State to be liable for a tort it must have acted negligently and you must proceed through the governmental tort claims act. If delay is due to public health... View More
answered on May 13, 2020
Yes, but often that can be a bad idea especially if they disagree on a course of action while the principal is incapacitated. Generally, it is better to have an initial agent, then a successor.
answered on May 12, 2020
Written off does not mean "not owed". The closing company will likely contact the mortgage company and withhold the sums owed from disbursements.
Upon state closure the restaurant I serve at informed the staff that we would have our jobs when we came back. Upon state reopening I texted that I was available for work and informed I was being let go. I haven't even worked in over another and was given no reason. I live in Oklahoma
answered on May 12, 2020
Oklahoma is generally an "at will" state meaning that absent an agreement in writing, labor agreement, etc., an employer can terminate an employee for no reason.
Correct deed on file since 2006. Probate not the problem. No other oil companies have had this problem with having the right mineral deed to work from. Do they owe us the 12% penalty from date of first sale? How do we get them to pay? Do we have to go to court?
answered on May 12, 2020
You need to find out from the company whether they have any title requirements that need to be fixed. If you believe that you have clear title send them a certified letter with an IRS W-9 along with your address. Companies are unlikely to pay 12% interest unless they are pressed. If there is an... View More
Step mom put her house on the reverse mortgage. She set up for her stepson to get 40% and her daughter 60%. Then she put her daughter as beneficiary On her accounts. Well her stepson get any thing?
answered on May 12, 2020
This is tough to answer with such few facts. If there is equity in the home above the amount of the reverse mortgage then the heir or devisees may be entitled to share in the proceeds.
My grandparents/parents were in an accident, and both deceased. They had one living, biological child. My sister and I are also heirs. We can't afford a lawyer, and my grandpa was always the one who I spoke with about things like this. The biological daughter is the executor, because I... View More
answered on May 12, 2020
A sim-behaving executor can be removed regardless of whether he or she was nominated in the Will or has priority. You should retain an attorney in the county or an adjoining county where the probate is happening.
I have a probate decree and deeds as proof of ownership
answered on May 11, 2020
Dealing with oil companies can be frustrating.
It is difficult to answer your question with the limited facts. Was the property probated in Oklahoma? Who signed the leases? Have the leases been filed?
Many companies are bad about paying lease bonuses even when title is clear.... View More
Do they pay 12% for the nine months or only the 3 overdue months? They were trying to use an old title that was not current. I consider this their responsibility to have the correct title as it is easily available. Is this correct? This is for 6 new wells. I am still waiting on my first check.
answered on May 11, 2020
In your question you asked:
"I consider this their responsibility to have the correct title as it is easily available. Is this correct?"
The person who checks title is usually referred to as a "division order analyst". The analyst's job is to determine... View More
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