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Questions Answered by James Tack Jr
1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: my wifes sister wont sign a oil lease allowing the inherited oil to go to waist what can we do we are in oklahoma?

my wife and her sister have a oil lease and her sister is fighting us on signing the oil lease and letting it go to waste.

James Tack Jr
James Tack Jr
answered on May 12, 2022

Unless the interest is held in a trust, corporation, LLC, or other entity requiring both of their signatures, your wife can sign the lease for her interest without her sister's signature. If her sister doesn't sign, the oil company can force pool the sister's interest in a force... Read more »

2 Answers | Asked in Energy, Oil and Gas for Texas on
Q: I have mineral rights and I found out a company has been drilling on those right for years and I have never been paid

I have contacted the company that is drilling and they say there is royalties that have accrued but they haven't paid them. This is not the company that the lease was signed with also I have contacted the company that is drilling and they say there is royalties that have accrued but they... Read more »

James Tack Jr
James Tack Jr
answered on Mar 18, 2022

Leases can be bought and sold many times before and after there is production so it is not uncommon for the operator of the well not to be the original lessee. Royalties are suspended because the operator can not mineral owner the owner or there is an issue with the title of the property that... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How does property pass from one generation to the next if there was originally no will?

My mother is 80 she has been taking care of her parents property with the help of me and my siblings for many years. Her father died in 1966 and mother in 1985. They died with no will in place. Since that time she has paid the property taxes and all upkeep. She had 4 siblings all deceased now. None... Read more »

James Tack Jr
James Tack Jr
answered on Feb 15, 2022

She should consult with an estate planning/ real property attorney. It is likely you will need to obtain deeds from the children of her siblings, file one or more probate cases, a quiet title suit or some other action to resolve the issues created by the length of time since her father's... Read more »

3 Answers | Asked in Estate Planning for Oklahoma on
Q: My dad lives in Arlington Texas. He and my mom are joint owners of my home in Oklahoma. My mother passed away 2019.

They are still listed as joint owners of my home. Daddy wants to get their names off my home and put me on it. Or at least take moms name off and add me. My dad has it willed to me but I need it in my name to get homeowners insurance and homestead on my taxes. How’s the easiest way to remove my... Read more »

James Tack Jr
James Tack Jr
answered on Feb 9, 2022

If the property was not in your parent's name in joint tenancy, you will have to do an estate proceeding on your mother's estate. then your father can deed the whole property to you.

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2 Answers | Asked in Family Law, Adoption, Identity Theft and Probate for Oklahoma on
Q: how do i get a quiet title ran for monies left unclaimed at the oklahoma treasury office in my deceased parents name
James Tack Jr
James Tack Jr
answered on Feb 2, 2022

What you need to do is determined by the nature of the property and how it was owned. A quiet title action relates to real estate, which in Oklahoma includes mineral interests. Much of the unclaimed property in Oklahoma is from revenues from mineral interests. You will need to consult with an... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm selling a house I own to my son. Do I still have to have the abstract brought up to date? I bought house 6 yrs ago.

Bought a house for son to live in while in school. I'm now selling him the house. Is there any reason to have abstract done again?

James Tack Jr
James Tack Jr
answered on Jan 23, 2022

Generally, the answer would be no. You should know everything that has happened to the title of the property. If he is borrowing money from a bank, they will require updated insurance.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Does every mortgage/lien on real estate or land require a deed of trust to be filed as well in the state of Oklahoma?
James Tack Jr
James Tack Jr
answered on Jan 23, 2022

A mortgage is sufficient to secure an indebtedness. Deeds of Trust are not used in Oklahoma. If there is one it is simply treated as a mortgage.

2 Answers | Asked in Real Estate Law and Energy, Oil and Gas for Texas on
Q: We need help knowing if we own mineral rights to property that we inherited recently. We are in the process of selling

I found the online paperwork for when my mom bought the property. There is language on there talking about the mineral rights but it is a bit confusing. I need help understanding what that says. I think that will help us know if we own the rights or not, but I know it can be tricky. Is there a way... Read more »

James Tack Jr
James Tack Jr
answered on Dec 19, 2021

You cannot tell if you own any mineral rights without checking the entire title chain. However, the reservation in the deed may let you know that you do not own any mineral rights. For instance, if the deed says "All mineral rights are reserved to the grantor."

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1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Relatives did a memorandum of trust on a property after death the property was not in the trust or accounted for

What does that mean

James Tack Jr
James Tack Jr
answered on Nov 29, 2021

If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... Read more »

2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... Read more »

James Tack Jr
James Tack Jr
answered on Nov 11, 2021

You should contact an estate attorney to review the probate proceedings and the Trust documents. The resolution of this issue depends on the specific terms of the Trust and what actually happened in the probate case. Do not delay in contacting an attorney for specific advice. Many attorneys will... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: I have a real estate purchase agreement where the owner died before posession of property transfered

The probate was placed in probate and ordered to be sold and hasnt zold and its been 2-1/2yrs since court order

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

You should contact the attorney who is handling the probate. If you don't feel like you are getting anywhere, you should consult with your own attorney to resolve the matter with the estate.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Yes I financed a price of land in Clayton ok. Since then someone has dozed about a 30 foot wide road way inside my pins?

But my issue is that it’s no a true easement shared by other lots. It’s all on mine. Can I fence it off legally. I don’t mind a equally shared easement just not all on mine.

James Tack Jr
James Tack Jr
answered on Oct 29, 2021

It depends on what type of easements exist. If you got a title policy , it should have a list of easements. Otherwise you need to have the title reviewed to determine what rights you and others have. Contact a real estate attorney.

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1 Answer | Asked in Energy, Oil and Gas for Missouri on
Q: Starting a renewable energy company

.

James Tack Jr
James Tack Jr
answered on Oct 26, 2021

Great. Let me know if you have any questions.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What are my options? My boyfriend died very suddenly and without a will. We have lived together for a year.

So he died very suddenly and without a will. We are both on the lease. A lot of stuff he gave me when he moved in. The problem he is his ex wife wants to just come in my home and take what she deems his for his kids. What are my options??

James Tack Jr
James Tack Jr
answered on Oct 25, 2021

Unless he had a will or unless you have the basis for a common-law marriage, you have no right to his property. For property that you claim was given to you, you have a proof issue. Unless provided for in the divorce decree or other document an ex-spouse has no rights to his property. If the... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm being offered some vacant land for sale. However the current deed has two grantee names, preceded by and/or. Only

one of the grantees is offering the property for sale. Can they legally sell it to me? I don't know if that "or" is valid on a deed.

James Tack Jr
James Tack Jr
answered on Oct 22, 2021

The person can sell you his/her 1/2 interest. You would own it with the other party. There is no definitive answer for a "and/or" designation in Oklahoma insofar as it concerns real property. If you want all of the property you must get both of the grantees to sign the deed. If either... Read more »

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: I have a quit claim deed that needs to be reviewed. I want to know how much of the land is given to each party?

Does Betty Rainwater retain any of the land?

Does Susan Rainwater get one half of the land?

James Tack Jr
James Tack Jr
answered on Oct 21, 2021

Generally, a quitclaim deed conveys all of the interest of the grantor at the time of the conveyance. However, it all depends upon the actual terms of the deed. You will have to have the deed reviewed by an attorney.

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What is the para for legal easement (33 FT) in western Oklahoma Please
James Tack Jr
James Tack Jr
answered on Oct 14, 2021

If you are asking what is the legal authority for the section line right of ways in western Oklahoma the answer is:

The Oklahoma Organic Act of 1890 established that there is reserved for public highway 4 rods wide between each section of land. 4 rods is 66 feet. The right of way is 33...
Read more »

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1 Answer | Asked in Energy, Oil and Gas and Environmental for Michigan on
Q: Hello -who can I contact about oil well noise-Onondaga,mi

constant banging day and night--is maddening worse in the evening

James Tack Jr
James Tack Jr
answered on Oct 5, 2021

You should contact the oil and gas company who is operating of the well.

2 Answers | Asked in Probate for Oklahoma on
Q: Heir of deceased parent, no will, in OK ask to oversee estate and say that there is no other heir? When there is

How can an heir legally petition court for admin of estate and in that legally bound petition say they are only heir to the estate knowing there is no will and there are 2 surviving children making them both heirs. To say they are the only heir is lying and the court also at the hearing for the... Read more »

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

Yes you should go to court. You may want to get the assistance of an attorney.

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: Sister petitioned ok court to be appointed administrator of estate saying there is no other living heirs! Is that legal

My father recently passed away and he had no will. The 2 surviving heirs would be me and my sister as he was not married and parents are deceased. She petitioned courts and left me out as a heir saying she was his only heir. Is this legal & what can I do? I just found out about this accidently... Read more »

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

Ms. Hawkins answer is correct. You may also be entitled to be administrator. Given the actions of your sister, you should seek the advice of an attorney.

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