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Questions Answered by James Tack Jr
1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: Q_ Was in probate, but lawyer quit. I was given adm. of estate June24,2020. I need title & deed in my name

Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.

James Tack Jr
James Tack Jr answered on Jan 15, 2021

15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Do I automatically own the home/mortgage if I am a non-occupant co-borrower when my parents pass?

If I sign as a non-occupant co-borrower with my parents on a mortgage, do I automatically own the home/mortgage when they pass? Or with them being co-owners will it have to go to probate or my siblings have any claim to it?

James Tack Jr
James Tack Jr answered on Jan 12, 2021

You do not become an owner because you co-signed on a mortgage. You do remain liable on the debt if it is not paid. Title to the home is determined by the deed into your parents, typically either as joint tenants or tenants in common. When they die there will have to be a probate for the title to... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: What if the parent has been estranged for 10 or more years? Does the sibling have rights?
James Tack Jr
James Tack Jr answered on Jan 12, 2021

Unsure what the question relates to. inheritance rights do not diminish because of distance or estangement.

1 Answer | Asked in Energy, Oil and Gas for Texas on
Q: Do I have mineral rights in okla Don t where to start that whole side has died but me and my sister

Uncle had no children there was no will just told we had it and no idea which county to start or whos last name and first name to use did know the nichols side

James Tack Jr
James Tack Jr answered on Jan 7, 2021

It can be difficult (and expensive) to find minerals if you have no idea which county they are in or how your uncle acquired the interest. If he acquired the minerals, you would start by looking under his name. If he inherited them you would also have to look under the names of the persons from... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: Attorney withdrew from case no other attorney was hired back in 2009 is it still in probate

My uncle is the personal rep of my grandmas estate in 09 our lawyer withdrew 3 months later and we never hired another attorney is the estate still in probate and my uncle just past away and was married to my aunt 42 years does she take over for my uncle

James Tack Jr
James Tack Jr answered on Jan 4, 2021

The probate would still be open. There is a statutory list of persons who have priority as an personal representative. The aunt would not be in that list (unless she was named as an alternative executor in the will). If there are assets in the estate to justify it, you should seek to hire a new... Read more »

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2 Answers | Asked in Estate Planning and Small Claims for Oklahoma on
Q: My boyfriend's mother died with no will, his grandparents took the deed and the death certificate. What can he do?

The grandparents are taking things from the house and they say the house is theirs just because they have the deed (that isn't in their name). My boyfriend just turned 18 and has no idea what to do or who to talk to. Also the property value is under 50,000

James Tack Jr
James Tack Jr answered on Dec 30, 2020

First of all, I am sorry for your boyfriend's loss. Since the mother died without a will, the interest passes by intestate succession. I assume that his mother died without a spouse. In that case all of the estate passes to the children in equal shares. If he is the only child, he gets it... Read more »

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1 Answer | Asked in Energy, Oil and Gas for California on
Q: ran out of gas. i called a tow truck driver to bring gas. instead of putting regular gas he put in dies

since he put diesel it wouldnt start and 8300$ to fix

James Tack Jr
James Tack Jr answered on Dec 28, 2020

This is not an oil and gas or energy question. Re-post it under consumer law.

2 Answers | Asked in Probate for Oklahoma on
Q: I have to fill out a affidavit for release of decedent's accounts that exceed 50,000, at first glance but...

My father passed away in August of 2020, he left no will and owned no property or car or stocks or bonds. He did have funeral, hospital and nursing home bills that I have paid. He had 3 bank accounts (one of which was in Missouri, I was POD)which totaled more than 50,000. I was beneficiary of one... Read more »

James Tack Jr
James Tack Jr answered on Dec 21, 2020

The fair market value is of property located within the state of Oklahoma and which is subject to disposition by will or intestate succession does not exceed $50,000. Property held in joint tenancy or which has a payable on death or other beneficiary provision would not be subject to probate and... Read more »

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3 Answers | Asked in Probate for Oklahoma on
Q: What is time limit to file for probate in Oklahoma

Family member refused to file the will

James Tack Jr
James Tack Jr answered on Dec 9, 2020

There is no time limit to have a will admitted to probate. As stated by Mr Winblad, you can cause the will to be produced. You should seek the assistance of an attorney to proceed.

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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: MY HUSBAND AND I DID A CONTRACT FOR DEED" Never Missed A Payment.Always paid on Time Sellers wanted to raise the paymen

We have paid more than 55,000 in on time mortgage payments.We have obtained financing and our approved but Buyer want 304,000 and not subtract the 55,000 we've paid.and want us to sign a new contract to raise mortgage payment which we will not.what would you suggest.we also have the option to... Read more »

James Tack Jr
James Tack Jr answered on Dec 3, 2020

I would suggest you take the contract for deed along with any other documents to an attorney to have them reviewed. It sounds like you are not being treated right, but it all depends upon the terms of the contract.

1 Answer | Asked in Probate for Oklahoma on
Q: Can my husband who was named sole beneficiary of mom’s estate in her will sell a property that was missed during probate

An order was filed on all other property. There was a waiver of general inventory and appraisal. We found the deed to the property after probate was complete. Do we need to go back through the probate process for this property?

James Tack Jr
James Tack Jr answered on Nov 24, 2020

If there was a residuary clause in the Final Decree which covers "all other property," you should not have to reopen the probate.

2 Answers | Asked in Estate Planning and Tax Law for Oklahoma on
Q: Interpreting IRS rules for assigning value to in-kind contributions with a FMV of $500 or less

At 80, I am in the process donating several hundred American and European prints and a like number of Japanese woodblock prints, ranging in value from $100 to $12,000 each. Most are classified as "promised gifts" and are with the intended recipient, a 501(c) (3) tax-exempt, fully... Read more »

James Tack Jr
James Tack Jr answered on Nov 13, 2020

There is an appraisal requirement for all gifts in excess of $5000. That applies to where you give similar items of property where the total value is above $5,000. Six $1,000 items donated would reqire an appraisal. If you haven't already, you will want to contact the fine art museum to make... Read more »

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2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: How do I begin fighting a law suit over mineral rights for which I'm a long lost relative of the owner in TX?

Myself and several relatives who are the long lost heirs of mineral rights to some property in Texas. We are now being sued over that property. I have no idea how to begin going about dealing with this issue.

James Tack Jr
James Tack Jr answered on Oct 26, 2020

Quiet title suits can involve a variety of issues. Sometimes they are quite complex. You may have valid defenses to the suit or the suit may have been filed to clear up some ambiguity or inconsistency in the record title. The suit may be establishing the interest of all of the heirs or may be a... Read more »

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Is there any lawyer of merit who can tell Okla Corp Comm to follow and not break O.S. Title 52, #52-552?

My deceased relative was force pooled on Day 0. This triggers this OK Statute for the holder, the mineral owner's heir and the State of OK. The holder is supposed to try and find the heir for 365 days. OK butts out except to require reports and an escrow account for funds due the owner. In my... Read more »

James Tack Jr
James Tack Jr answered on Oct 25, 2020

Interests in oil and gas are interest in real property. The transfer of real property is governed by the laws of the state in which it is located, not where the deceased or owner is located. Regardless of whether the monies are held by the company pooling the interest, the Corporation Commission,... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: I am buying a home in Oklahoma, if the tenant renting from the seller doesn’t move out can we evict quickly?

I’m buying a home for cash the seller informed me their friend living there is giving them trouble about moving out, if the sale finishes and the closing date comes, how do I get the tenant out? They have no formal lease

James Tack Jr
James Tack Jr answered on Oct 24, 2020

This should be a problem for the seller. When he sells it to you he is giving you possession. Don't close until the tenant is out.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Pay off and lien release

My late husband and I purchased a home and property before we were married his name was first then mine,the gentlemen we originally purchased the property from sold the contract to another individual, i contacted him so i could pay off the property and was told that i would have to do a quick claim... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

The answer depends on how the property is held under the contract for deed and terms of contract for deed. If it was in joint tenants you would be entitled to the property on his death, if in tenants in common, you and his heirs would own the property. You would not necessarily need to update an... Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: How do I enforce a judgement if the person it's against won't pay?

I won a small judgement against my previous landlord and as soon as we walked out of the courtroom the landlord told me the judge was wrong and she wasn't going to pay. Can I place a lean against her?

James Tack Jr
James Tack Jr answered on Oct 24, 2020

One who has a small claims judgment has the same post-judgment remedies as any other judgment creditor. You may execute on on the debtor’s property, you may have a garnishment is­sued against the defendant’s assets or wages, you may have an asset hearing. You could also file a lien against... Read more »

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in August this year. His wife of 4 yrs has filed to be admin since there no will he owned a business

A home and several vehicles on the list of assets several vehicles aren't listed and the value of inventory to business wasn't included my dad told me we were to split the interest in company 1/2 to us and other 1/2 to her but she is trying to keep it all where do we stand in being able... Read more »

James Tack Jr
James Tack Jr answered on Oct 21, 2020

Sorry for your loss. There is not enough information to determine where you stand. It is unclear the nature of the hearing. If you wish to contest the hearing or want to know where you stand, you should contact a probate attorney as soon as possible. When you receive a notice of a hearing and... Read more »

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4 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: Oil rights

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... Read more »

James Tack Jr
James Tack Jr answered on Oct 16, 2020

These can be done for a flat fee or an hourly basis. The costs depend on a variety of factors. Some estates qualify for expedited procedures that are cheaper. It is always good place to start if you can find out from the oil company the size of the interest (how many net mineral acres are... Read more »

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