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Questions Answered by James Tack Jr
1 Answer | Asked in Energy, Oil and Gas for Missouri on
Q: Starting a renewable energy company

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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...
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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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1 Answer | Asked in Probate for Oklahoma on
Q: Will OK county probate judges look at intent, or stick to the letter of the law?

My 82 year-old stepdad just passed, and though he and my mom (married 32 years) had a typed doc stating that in the event of either’s death, everything would go to the other, in the event of both of their deaths, everything would go to me, the document wouldn’t qualify as a will since there are... Read more »

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

I am sorry for your loss. Since the property is in your stepdad's name only, there will have to be probate of the estate. You should contact a probate attorney as soon as possible to discuss all of the facts so they can give your mother appropriate advice. Your mother may have homestead... Read more »

1 Answer | Asked in Business Formation and Business Law for Oklahoma on
Q: What happens, in Oklahoma, if a partner dies that is in a partnership LLC?

No contract ever written. No operating agreement

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

The personal representative of a member who dies becomes an assignee of the member's interest. The member's assignee interest could be distributed in a probate proceeding to the heirs or devisees of the decedent. The holder of the assignee interest can become a member upon a vote of the... Read more »

3 Answers | Asked in Real Estate Law and Probate for Oklahoma on
Q: My dad left me 6 acres in his will but I cannot seem to find out the process to transfer it to my name.

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

I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: house has been unattended for 15 years. The yard is over grown and house is falling apart. Could I claim it as my own
James Tack Jr
James Tack Jr answered on Aug 16, 2021

Not enough information to answer . What is your relationship to the house? Who are the owners? Who is in possession of the house? Contact an attorney to discuss the details and determine a course of action.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: my mother and i invested in a home together. We are both on the deed. my brother just took over as her power of attorney

Can my brother sell the home?

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

If the power of attorney is broad enough, he can do anything your mother could do. He is restricted by the terms of the power. Unless there is language or agreement that prevents it, your mother could sell her one-half interest in the house, just as you could sell your1/2 interest. He could not... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Two unrelated people are listed on a deed for 3 city lots: John Doe and/or Sue Smith.. Do both have to sign quitclaim?

Property is unoccupied. Deed says lots 16, 17, 18. Trying to buy land from John Doe and he says he has to get Sue Smith to agree. I think Mr. Doe is in danger of losing his property if Ms. Smith wanted to take it from him since the deed is and/or. Please help.

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

There is no clear answer on "and/or" in a real estate title in Oklahoma. To pass good title, both John Doe and Sue Smith, and their spouses, if any, would have to sign a deed.

2 Answers | Asked in Probate for Oklahoma on
Q: What are the requirements for a simplified probate procedure in Oklahoma and how does it it work?

Grandfather died years ago and left a house to his children, but there's no will. My mom became executor and completed to probate process in California where he lived al so I'm looking into getting it started here. I just read there's a simplified process that we could do if either... Read more »

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

Generally, the easiest and quickest is to do what is called a summary proceeding. It takes about 60 days to complete assuming all of the heirs are cooperative in providing and returning information. There is a statutory list of who is entitled to be executor starting with spouse, then children and... Read more »

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Nephews want to buy my 1/3 undivided interest in land we inherited together using promissory note. Is is this advisable?

My mother died in '06 w/o will. Judgement was filed and recorded in Muskogee county, Ok in 2012 showing myself and only son of my deceased sister each being owner of 1/3 undivided interest. My deceased brother's 4 children were shown to have 1/12th undivided interest. Two of the owners of... Read more »

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

You can secure the note payments by taking a mortgage on the property after you transfer the property. However, you have to ask yourself will you want to foreclose if payments are not made and what kind of family troubles you will have if you are forced to foreclose the mortgage. You will have... Read more »

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4 Answers | Asked in Estate Planning for Oklahoma on
Q: If someone makes a will and then lists someone else as POD of their bank account. What happens? Who would the money go?
James Tack Jr
James Tack Jr answered on Aug 9, 2021

A person's assets that have a beneficiary designation go to the person specified in the designation. Such assets include bank accounts, stock accounts, life insurance, etc. Those types of assets pass outside of the probate case if there is a proper beneficiary designation. Real estate which... Read more »

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I have a mineral deed for a producing well in Oklahoma that has a term interest of 99 years that is about to expire.

My question is in Oklahoma if a well is producing shouldn't it continue? What is the law regarding a producing well?

James Tack Jr
James Tack Jr answered on Jul 28, 2021

Whether the term interest continues past the 99 year term is dependant on the exact wording in the instrument which created the interest. There are fixed term interests. For example "for a term of 99 years." And there are interests which continue for as long as there is production from... Read more »

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 »

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