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Questions Answered by James Tack Jr
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: I am buying a home in Oklahoma, if the tenant renting from the seller doesn’t move out can we evict quickly?

I’m buying a home for cash the seller informed me their friend living there is giving them trouble about moving out, if the sale finishes and the closing date comes, how do I get the tenant out? They have no formal lease

James Tack Jr
James Tack Jr answered on Oct 24, 2020

This should be a problem for the seller. When he sells it to you he is giving you possession. Don't close until the tenant is out.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Pay off and lien release

My late husband and I purchased a home and property before we were married his name was first then mine,the gentlemen we originally purchased the property from sold the contract to another individual, i contacted him so i could pay off the property and was told that i would have to do a quick claim... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

The answer depends on how the property is held under the contract for deed and terms of contract for deed. If it was in joint tenants you would be entitled to the property on his death, if in tenants in common, you and his heirs would own the property. You would not necessarily need to update an... Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: How do I enforce a judgement if the person it's against won't pay?

I won a small judgement against my previous landlord and as soon as we walked out of the courtroom the landlord told me the judge was wrong and she wasn't going to pay. Can I place a lean against her?

James Tack Jr
James Tack Jr answered on Oct 24, 2020

One who has a small claims judgment has the same post-judgment remedies as any other judgment creditor. You may execute on on the debtor’s property, you may have a garnishment is­sued against the defendant’s assets or wages, you may have an asset hearing. You could also file a lien against... Read more »

1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: My dad passed away in August this year. His wife of 4 yrs has filed to be admin since there no will he owned a business

A home and several vehicles on the list of assets several vehicles aren't listed and the value of inventory to business wasn't included my dad told me we were to split the interest in company 1/2 to us and other 1/2 to her but she is trying to keep it all where do we stand in being able... Read more »

James Tack Jr
James Tack Jr answered on Oct 21, 2020

Sorry for your loss. There is not enough information to determine where you stand. It is unclear the nature of the hearing. If you wish to contest the hearing or want to know where you stand, you should contact a probate attorney as soon as possible. When you receive a notice of a hearing and... Read more »

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4 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: Oil rights

My uncle died in Oklahoma several years ago, never married, had no children, left no will, and had oil rights. His brother, my father, is also deceased and left 4 children (I'm the oldest). How much would it cost to settle this estate? Marathon Oil (Houston, TX) has this account and... Read more »

James Tack Jr
James Tack Jr answered on Oct 16, 2020

These can be done for a flat fee or an hourly basis. The costs depend on a variety of factors. Some estates qualify for expedited procedures that are cheaper. It is always good place to start if you can find out from the oil company the size of the interest (how many net mineral acres are... Read more »

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Man drafts will in 2017 leaving everything in his estate to his daughters; biological, adopted & step. Marries in 2020.

No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?

James Tack Jr
James Tack Jr answered on Oct 3, 2020

I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can quitclaim deed signed by my father before his death be challenged by unsecured creditors?

My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »

James Tack Jr
James Tack Jr answered on Sep 24, 2020

I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My children have never been notified by the oil producers about their interests. All their cousins. aunts, etc.

had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »

James Tack Jr
James Tack Jr answered on Sep 22, 2020

This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »

1 Answer | Asked in Energy, Oil and Gas and Probate for New Mexico on
Q: My question is about Texas Law. My ex husband wife did not tell the courts about his previous children there was no will

There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests

James Tack Jr
James Tack Jr answered on Sep 22, 2020

It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.

James Tack Jr
James Tack Jr answered on Sep 22, 2020

The answer may also depend upon how the title to the property was held. The lot in the deceased's name must go through probate. The lots in both names could be held as joint tenants or tenants in common. If in joint tenants, the property does not go through probate and the surviving joint... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: how do i start probate without a will?

my mother passed away in 2013 and didn't leave a will. I have a brother and a sister. i have been paying the taxes on the land and everything since 2010, do i have more right to it then they do? They have not once helped me pay taxes.

James Tack Jr
James Tack Jr answered on Sep 21, 2020

You should contact a probate lawyer to discuss the process of estate administration. For the heirs to get good title, the estate will have to be administered. You may have a claim for the taxes and other expenses you have incurred.

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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This... Read more »

James Tack Jr
James Tack Jr answered on Sep 16, 2020

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My fathers parents passed within a few months of each, both intestate. His sis is appointed personal rep. She won't give

him any info. When I looked case up on odcr it says that heirs are determined and "letters of admin sent" and "proof of publishing" has been done. Is my dad supposed to hire his own attorney? He has never recieved anything from court or sis?

James Tack Jr
James Tack Jr answered on Sep 9, 2020

He should contact the attorney for the estate and make sure he knows he is an heir and give the attorney his current mailing address. He should get a copy of all of the pleadings filed in the matter. He would not need to hire an attorney if he is in agreement with all of the pleadings and findings... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: Home of deceased parents not listed in their revocable trust, do we have to go thru probate? Or can we sell
James Tack Jr
James Tack Jr answered on Sep 7, 2020

Matt is correct. Title companies will require you to probate the estate before they will issue a policy.

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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok died july7 2020in tulsa ok has gas oil. Mineral rights in nacogdoches tx where does the

Probate take place at

James Tack Jr
James Tack Jr answered on Sep 7, 2020

If you have a probate done in Oklahoma for other reasons, that probate can be filed in Texas to transfer the Texas mineral interest. Depending on the facts, many times interests in minerals in Texas are transferred by use of an affidavit rather than a probate. Additional facts are needed to... Read more »

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