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Questions Answered by James Tack Jr
1 Answer | Asked in Probate for Oklahoma on
Q: What form do I need to fill out to give my part of an estate to someone else in oklahoma
James Tack Jr
James Tack Jr answered on Apr 15, 2021

The form depends upon the nature of the assets. It may be an assignment. if it is an interest in real property, there should also be a deed. The attorney handling the probate case should be able to help you with the appropriate form.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Oklahoma on
Q: ) I have questions regarding the validity of a judgement in Canadian Co. from 2009 that according

To the title company would be subject to being satisfied from my portion of the real estate equity, just recently having acquired, in a joint tenancy along with my sister and one of their spouses, days prior to my moms death she requested we file a deed transferring ownership. The judgement is in... Read more »

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

Judgments can be liens on real property of the judgment debtor once they are filed of record. Generally, the lien lasts for 5 years but they can be extended for successive 5 year periods. You would have to consult with an attorney with all of your documents to determine if the judgment is still a... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Can I give my part of a estate to another person even if probate isn't completed
James Tack Jr
James Tack Jr answered on Apr 14, 2021

Yes, but the interest you are giving is still subject to the probate process.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My stepfather signed a disclaimer of interest in my mothers inherited property. She has put him on the deed
James Tack Jr
James Tack Jr answered on Apr 12, 2021

There is no question here. However, in all likelihood, the answer to the question is that one would have to look at the language of the deed and the disclaimer to answer the question. You should consult with a real estate or probate attorney and provide them with the documents.

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My friends brother is in prison on Utah. His father passed and left the farm in Oklahoma to him and his sister.

He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... Read more »

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

It's likely that this is something going on in his father's estate proceeding. There are a number of reasons that the property is being sold. He should hire an attorney to find out what is going on and to protect his interest.

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1 Answer | Asked in Uncategorized for Oklahoma on
Q: I purchased property in ignorance the owner had me a sign a joint tenant without knowledge of what it was how can I get

How can I get them removed and get a clear deed

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

The answer depends on the wording in the deed and the factual circumstances. It's not clear from your description who are the joint tenants on your deed. You should take the deed to a real estate attorney for review and advice concerning how to get the deed corrected.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How to get a certified copy of my deceased mom’s deceased husband’s death certificate.

Probate complete says my deceased mom’s property is now me and my siblings property. Realtor says her previously deceased husband’s joint tenancy removal requires a certified copy of his death certificate. There was a Quit Claim Deed on the land, and my mother was the last to pass.

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

You don't say who is the grantor and grantee of the quit claim deed, which could affect the answer. You should determine where your mother's husband died and request a copy from the appropriate governmental agency. If he died in Oklahoma, it is the Oklahoma Department of Health. You... Read more »

2 Answers | Asked in Contracts for Oklahoma on
Q: Client wants refund even though the were happy with remodel and didn’t want to pay me for additional services they knew

Client added work on and agreed to price but when I gave them a bill for the added services they suddenly decided they weren’t happy with work anymore and wanted full refund. I offered to come out and look at it but they didn’t want me to try to make anything right. They just want money back.... Read more »

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

You should seek the advice of an attorney. The answer is too fact intensive to give any sort of answer. Depending on the dollar mount you might consider mediation to litigation. Good luck.

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2 Answers | Asked in Uncategorized for Oklahoma on
Q: Can I keep money wired into my account by accident?

I had a loan transfered into my account for $6900 yesterday. Today an additional $6900 was wired in. Can I keep that money? Or is it inevitable to have to pay it back. The loan was only for $6900.

I paid a wire fee twice, once for each wire.

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

You will have to pay it back. They will eventually discover it. However, a better course would be to call the loan company and let them know of their mistake. You can ask them to reimburse you for your wire fees.

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1 Answer | Asked in Energy, Oil and Gas for Ohio on
Q: Can a person legally cash royalty checks sent by mistake from mineral rights they sold months earlier?
James Tack Jr
James Tack Jr answered on Mar 18, 2021

You need to review your sales contract or mineral deed to determine the effective sate of the transfer. If the revenues are for before the effective date they would belong to you. If after the effective date, they belong to the buyer. If you cash the check and the revenues do not belong to you,... Read more »

1 Answer | Asked in Energy, Oil and Gas for Colorado on
Q: I have a very small working interest in an old well in Logan County CO that I inherited. Over time the income has

Dropped and the operating costs have gone way up. The operator is thinking of packaging this well with some other low producing ones and selling them. Would I receive any proceeds from this sale?

James Tack Jr
James Tack Jr answered on Mar 8, 2021

You would not receive any monies from the operator's sale of its interest. However, If you want to get rid of your interest, you might tell the operator that you are willing to sell your interest along side his. A purchasing operator often times will want as much of the well as he can... Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: In Oklahoma, do you have to have an attorney to file a Quitclaim Deed to transfer real property to a family member?
James Tack Jr
James Tack Jr answered on Mar 8, 2021

You do not have to have an attorney prepare a quitclaim deed. However, it is more costly to correct a badly prepared quitclaim deed than it is to have an attorney do it correctly in the first place. An attorney can also advise you on whether a quitclaim deed is the best solution for what you are... Read more »

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: So if a policy was designated in 1986 this can not be used correct?
James Tack Jr
James Tack Jr answered on Mar 3, 2021

It is not clear what your question is. What kind of policy, what is the designation, and what are you using it for?

2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: Is there a statute of limitations on filing a will in Oklahoma: -- father died Sept 2019, -- will found Sept 2020?

I am hoping there is a statute of limitations, otherwise, does a probate ever end or is an estate ever really settled if a will can pop up out of nowhere during the life expectancy of the heirs at law for the next 20 - 50 years. Heirs at law spent 1 year probating the estate as intestate and now... Read more »

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

There is no time limitation on when a will may be admitted to probate. There is no statute specifically related to nurses that I am aware of. There is a general statute concerning wills obtained under duress, fraud, or undue influence. It is difficult from your description to determine what the... Read more »

1 Answer | Asked in Energy, Oil and Gas for Ohio on
Q: I have oil royalties in CO. New company is requiring a Determination of Heirship for my great grandmother. Can I apply?

Great Grandmother had five children. One son had property in Ohio and Colorado. The families oil royalties come from him in Colorado, however, he provided a portion to her in her lifetime. The family line of inheritance is down the five family lines. I inherited from two aunts, my father's... Read more »

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

If the determination of heirship describes your line, it will suffice regardless of who initiates the proceedings, provided it is properly done. Sometimes, depending on the value of the interest, oil companies will take affidavits rather than proceedings to determine heirs. Concerning your... Read more »

1 Answer | Asked in Estate Planning and Internet Law for Oklahoma on
Q: I had bought land from my father but never got a deed. He passed no will 12/20. He is the title owner alone. What to do?

Father no will. I have been living on property for 10 yrs. No child with stepmother, 3 children from marriage to our mother. My dads new wife let us kids come to the farm for 3 HR. & get personal items she had set out for us. My sister had charge over his medical decisions & funeral if he... Read more »

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

If a probate has not been commenced, you should initiate probate proceedings in the County where your father lived. If one has already been initiated, you should hire an attorney to protect your rights. You must have a probate for good title to be passed on Oklahoma real estate. In the probate,... Read more »

1 Answer | Asked in Uncategorized for New York on
Q: Consider the peaks for caffeine and acetaminophen in the chromatogram attached.

(a) Calculate the resolution

(b) Measuring w1 / 2 on the chromatogram, find the number of plates (N1 and N2) and the plate height for these two compounds.

(b) Using the number of plates (with N calculated from width (w) at baseline), the relative retention (a) and the capacity... Read more »

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

Having consumed 6 cups of coffee in the consideration of this question, I now have a headache requiring me to take 2 Tylenol.

1 Answer | Asked in Probate for Oklahoma on
Q: My husband passed and the land he has for sell can I continue to sell I'm his only heir
James Tack Jr
James Tack Jr answered on Feb 2, 2021

I am sorry for your loss. If the land was titled in his name only, you will have to go through probate. If it was titled in his and your name as joint tenants, you can file an affidavit of termination of joint tenancy (or go through probate if there are other reasons to have his estate probated).... Read more »

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What form do I need to fill our first to form an LLC?

I was informed that I needed to fill an Articles of Organization form first but I do not see anything by that name.

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

The Articles of Organization form can be found on the Oklahoma Secretary of State's website. You should also have an Operating Agreement and will need to obtain an Employer's ID number. Most business law firms provide all of the properly completed forms for a fixed price. You can file... Read more »

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