I am sorry for your loss. Unless the property was in joint tenancy or had a transfer of death deed filed, you will have to have an estate proceeding to pass good title to real property to either the heirs or to a purchaser of the property. Your buyer will not be able to get a title policy without...View More
Are trying to buy my rights for the property in Oklahoma. I don't know how much it's worth and I don't know how to find out. What kind of lawyer should I talk to and should I find one here or in Oklahoma? Thank you
You should talk with an oil and gas attorney who is familiar with mineral transactions. Most mineral buyers are reputable, but not all. The easiest way to determine the value is to have several mineral buyers quote a price. Determining what you own can sometimes be difficult and expensive. If you...View More
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...View More
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... View More
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...View More
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... View More
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...View More
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... View More
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...View More
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... View More
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."
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....View More
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... View More
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...View More
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.
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??
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...View More
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...View More
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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