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Son married X3. 5 children from wife 1 & 2. Wife 3 no children. He died 2004. Will stipulated for his 5 children & all real property to 3rd wife. She died 2015. In 2016, an oil & gas forced pooling order was approved & the drilling operator, after due diligence, deposits cash... View More
answered on Jul 3, 2019
This is hard to say without reviewing the records and the Will.
Was the Will actually probated? Some wills are invalid for various reasons.
However, it is likely that 3rd wife's heirs at law would be entitled to the interests.
answered on Jun 28, 2019
Yes, similar to a tax lien it attaches to all real property within the county it is filed. See 12 OS Sec 706. There may be an exception for severed mineral interests.
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.
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.
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.
answered on Jun 20, 2019
If the children are now adults they may want to pursue a quiet title action against the grandparents.
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... View More
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... View More
She did list my mother in will as her daughter but my mother has died.
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... View More
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... View More
All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.
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... View More
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?
Is that considered dog-napping?
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.
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... View More
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.
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?
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.
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.
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.
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... View More
answered on May 6, 2019
If the contract notarized with seller's signature you can file it as is. If not see an attorney.
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... View More
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.
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... View More
answered on May 2, 2019
Perhaps small claims, you should get the dog or the money.
Contact an AZ attorney.
i and my mother where added to the deed by "quit claim deed" . my mother has since passed . can he do this?
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.
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... View More
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... View More
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... View More
answered on Apr 2, 2019
Buyers should contact the operators directly with the documentation, request Division Orders and provide W-9s.
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.
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