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Questions Answered by James Tack Jr
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: if there are three names on deed yet two are husband and wife, do they hold the majority if property is sold?

in Oklahoma

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

It depends upon the wording of the deed. Without specific wording they each own an undivided 1/3 interest. Each can do with their interest as they please. There is no "majority vote." The only way one interest owner (whether owning 1/3 or 2/3) can cause the other owners to sell their... Read more »

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Texas on
Q: If you have fractional interest in mineral rights, can you prevent someone from drilling on the surface of the land?

I know if you have the full "twig" that is ingress and egress, you can prevent any drillers from coming on your land...

But what if you have fractional, undivided interest (1/8th or 1/5th or 1/6th)?

James Tack Jr
James Tack Jr answered on Jul 13, 2021

Generally, all cotenants have the right of access to the jointly owned property. If you own surface and a partial mineral interest, the other mineral interest owners are your cotenants and they have right of access also. The best solution for a surface owner with partial mineral interest is to... Read more »

2 Answers | Asked in Estate Planning, Energy, Oil and Gas and Probate for Texas on
Q: My niece was in my grandma's will 30 yrs ago to receive oil lease. It was not probated. Is the will valid? Can contested

This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?

James Tack Jr
James Tack Jr answered on Jul 6, 2021

The niece may or may not have a valid claim to the royalties. The answer depends upon who the other heirs are and what was done with the estate 30 years ago and what has happened since then. There are exceptions to the 4-year rule. You should contact a probate attorney so she can review all of... Read more »

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Inheritance taken by stepmom

My grandfather passed his estate to my father, an only child. The estate was supposed to pass to me and my half-brother. My step-mother had my father sign documents transferring all of the estate to her alone. He had been diagnosed with alzheimers a year earlier. My brother and I got absolutely... Read more »

James Tack Jr
James Tack Jr answered on Jul 6, 2021

It's not clear what type of papers were signed. You should take whatever documents you have and conslt a probate attorney. As suggested, you may have a claim of incapacity on your father's part for whatever papers he signed.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My father in law passed away 15 years ago , my mother in law now wishes to sell the house they shared ( bought in 1989)

The deed is in both their names but apparently is not listed as joint tenancy or survivorship , can she sell the house since her name is on the deed and he passed or does it have to be probated from 2006 ( year he died ) (home value is approx 40k)

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

If the property was not in joint tenancy, your father's 1/2 interest in the property would have to go through probate in order to pass good title. His interest would go to his heirs at law if he died without a will or would pass to those named in his will. In either case, his interest would... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: in a probate case can I go in front of judge and ask for more time to find an attorney along with the covit 19 it has be

is there an affidavit to fill out for this request

James Tack Jr
James Tack Jr answered on Jun 24, 2021

The answer may depend upon where the case is in the probate process. It is not clear from your description what has happened in the case so far. However, such a request would properly be made by a written motion, which is generally granted unless parties would be prejudiced or it would unduly... Read more »

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: When someone dies without a will, who does their assests go to?Does it go to probate or family?

Person has no spouse or children. But has living mother and siblings.

James Tack Jr
James Tack Jr answered on Jun 17, 2021

When a person dies without a will it go by intestate (without a ill) succession. The Oklahoma statutes have a scheme for who it goes to depending who are his "heirs at law." I there is no children or spouse it goes to his parents and sibling. If there is real property the estate must be... Read more »

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2 Answers | Asked in Energy, Oil and Gas, Probate and Estate Planning for Oklahoma on
Q: What is the process for making the oil company to pay out the royalties owed to our branch of the family?

My great aunt died intestate with oil interests and royalties. She died a widow with no children. She had 3 sisters and one brother. Her estate was resolved and the oil interests and royalties were paid except to one branch of her heirs - her one sister who is my grandmother. My grandmother died... Read more »

James Tack Jr
James Tack Jr answered on Jun 16, 2021

In order for companies to be obligated to pay, they have to know that they are paying the correct person. The person to be paid must have "marketable title." In order to do that they must have completed probates for each of their predecessors who died while owning the minerals. In cases... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: My grandfather died in 1988 in OK. A probate was initiated but never finalized. Is there a remedy?

My Grandfather left a will. The probated was hotly contested but then never finalized. The person (my uncle who was cut out of the will) who contested and pretty much subsumed the estate has now died. A year before his death he informed my father he had never finalized the probate of their father... Read more »

James Tack Jr
James Tack Jr answered on Jun 9, 2021

An attorney would have to review the entire probate and any other related transactions to see if there were any cause of action. Unjust enrichment is an equitable action and subject to equitable defenses such as laches. Unjust enrichment is an action that is highly dependent on the the facts and... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: Sister living in mom's home not making house payment and mom died, what can I do?

Not sure if there is a will or not. My sister was making house payments with moms money, mom died last month and she hasn't made the house payment. What can I do to prevent losing the house for non payment with her living in it?

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

I am sorry for your loss. You or your sister, or both of you, should file an estate proceeding to deal with your mother's estate. You will need to consult with an attorney to determine the best course of action. Many probate and estate attorneys provide free initial consultations.

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: I have a judgement against me I am dying I have a will giving everything to girlfriend can she wants to live here

The judgement is 2005 then they renewal it in2010.

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

I am sorry to hear about your situation. For an ordinary money judgment, the judgment lien lasts 5 years unless executed on or renewed. You may consider consulting with an attorney to determine that the judgment has expired and to make sure your desires for the disposition of your estate will be... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: If an adult sibling with children passes away, are his children entitled to the estate of their grandfather?

One of two siblings dies…are the children of the sibling that died entitled to their father’s portion of his father’s (their grandfather) estate?

James Tack Jr
James Tack Jr answered on Jun 3, 2021

I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: If my husband and I purchased a home while married, but he’s the only one on the mortgage and deed, do I have rights?

He has accepted an offer and signed a contract to sell without my consent. Can he actually sell it? Is the contract binding?

James Tack Jr
James Tack Jr answered on May 17, 2021

If the property is a homestead both spouses (unless divorced or legally separated) must sign a deed or it is void.

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Who is responsible for the taxes if the executor is deceased and the taxes come in estate and executor name.
James Tack Jr
James Tack Jr answered on May 10, 2021

The taxes are a liability of the estate not the executor. When a new executor is appointed, she would be responsible for paying the taxes, but they are not her individual liability.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: If the executor of estate dies how can we get his name removed as the executor if there is no longer a lawyer on case

Attorney withdrew in 2010 and the family has never hired another lawyer and how to get a title or deed if executor is deceased

James Tack Jr
James Tack Jr answered on May 10, 2021

You should hire another attorney who can have another executor appointed and have the case concluded. Because this involves real estate, you will have to have a final decree in the estate for the heir/devisees or their assignees to get good title to the property. Unless there is a sale of the... Read more »

2 Answers | Asked in Real Estate Law, Probate and Small Claims for Oklahoma on
Q: Why can't lawyer tell me if my deceased friend left a Will. I am on all of his bank accounts.

I am beneficiary of two money market accounts and on his checking accounts. He had a woman living at his home who had undue influence on him. He was elderly and felt sorry for her. He had lawyer draw up a Transfer Upon Death to turn over his house to this woman upon his death. He died April... Read more »

James Tack Jr
James Tack Jr answered on May 10, 2021

Sorry for the loss of your friend. The transfer on death deed must be acceped by the beneficiary by filing an affidavit within 9 months of the date of death. If that is not done, the real property becomes property of the Estate. If that is the case, the estate would have to be probated for good... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband and I along with my sister and brother in law are purchasing a piece of real estate together. The Grantor

has the deed as B & C, husband and wife and D & E, husband and wife, collectively, the Grantee's. Is that correct?

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

It is if your want to own the property as tenants in common, that is each owning a 1/4 undivided interest. If you want to own the property as joint tenants, you would need additional language specifying exactly who are joint tenants with whom.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I purchased a piece of property in my name only but was married at the time and now I am selling it does my spouse have

to sign on the warranty deed when I sell it?

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

Yes. Oklahoma statutes provide that no deed affecting homestead is valid unless signed by both the husband and wife. The effect of this is that if you are married and want to sell real estate in Oklahoma that both spouses must sign since a title examiner can't determine from the record if... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is my agent legally responsible for updating me regarding details regarding earnest money?

In attempting to purchase a large property, our closing date was extended numerous times. when we couldn’t get financing (a contingency on the contract) the buyer claimed that although the closing dates had moved, our original requirement to get funding in 75 days wasn't met and he was going... Read more »

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

It depends on the terms of the contract. Take it to an attorney to find out what it means .

1 Answer | Asked in Probate for Oklahoma on
Q: If a property was left off the final determination of heirs, What needs to happen?
James Tack Jr
James Tack Jr answered on Apr 29, 2021

This is an issue of getting the decree indexed against the land not a fatal defect in the decree. Attach the decree to an affidavit with the legal.

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