Get free answers to your legal questions from lawyers in your area.
Does Betty Rainwater retain any of the land?
Does Susan Rainwater get one half of the land?
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.
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... View More
constant banging day and night--is maddening worse in the evening
answered on Oct 5, 2021
You should contact the oil and gas company who is operating of the well.
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... View More
answered on Oct 4, 2021
Yes you should go to court. You may want to get the assistance of an attorney.
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... View More
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.
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... View More
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... View More
No contract ever written. No operating agreement
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... View More
l
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... View More
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.
Can my brother sell the home?
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... View More
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.
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.
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... View More
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... View More
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... View More
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... View More
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... View More
My question is in Oklahoma if a well is producing shouldn't it continue? What is the law regarding a producing well?
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... View More
in Oklahoma
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... View More
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)?
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... View More
This is in Texas. She has been receiving royalties. But can it be contested by heirs since it was not probated within 4 years?
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... View More
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... View More
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.
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)
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.