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My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would... View More 
answered on Jan 22, 2021
I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and... View More
I am a beneficiary to a trust that possibly had roylity rights to a property to which have been subject to fraud. I am also the beneficiary residing in another State.
answered on Jan 18, 2021
You would need to research the land records covering the land, which are found in the county clerk's office of the county where the lands are located. Oil and gas titles can be very complicated. You could hire an oil and gas attorney or an oil and gas landman to do the search.
in the land. If they don;t and tell the lawyer for the plantiffs is that good enough
answered on Jan 18, 2021
Many quiet title suits are merely for cleaning up a title that everyone agrees on. However, some are not. The safest course is to file and entry of appearance and answer to the petition.
Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.
answered on Jan 15, 2021
15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows... View More
If I sign as a non-occupant co-borrower with my parents on a mortgage, do I automatically own the home/mortgage when they pass? Or with them being co-owners will it have to go to probate or my siblings have any claim to it?
answered on Jan 12, 2021
You do not become an owner because you co-signed on a mortgage. You do remain liable on the debt if it is not paid. Title to the home is determined by the deed into your parents, typically either as joint tenants or tenants in common. When they die there will have to be a probate for the title to... View More
answered on Jan 12, 2021
Unsure what the question relates to. inheritance rights do not diminish because of distance or estangement.
Uncle had no children there was no will just told we had it and no idea which county to start or whos last name and first name to use did know the nichols side
answered on Jan 7, 2021
It can be difficult (and expensive) to find minerals if you have no idea which county they are in or how your uncle acquired the interest. If he acquired the minerals, you would start by looking under his name. If he inherited them you would also have to look under the names of the persons from... View More
My uncle is the personal rep of my grandmas estate in 09 our lawyer withdrew 3 months later and we never hired another attorney is the estate still in probate and my uncle just past away and was married to my aunt 42 years does she take over for my uncle
answered on Jan 4, 2021
The probate would still be open. There is a statutory list of persons who have priority as an personal representative. The aunt would not be in that list (unless she was named as an alternative executor in the will). If there are assets in the estate to justify it, you should seek to hire a new... View More
The grandparents are taking things from the house and they say the house is theirs just because they have the deed (that isn't in their name). My boyfriend just turned 18 and has no idea what to do or who to talk to. Also the property value is under 50,000
answered on Dec 30, 2020
First of all, I am sorry for your boyfriend's loss. Since the mother died without a will, the interest passes by intestate succession. I assume that his mother died without a spouse. In that case all of the estate passes to the children in equal shares. If he is the only child, he gets it... View More
since he put diesel it wouldnt start and 8300$ to fix
answered on Dec 28, 2020
This is not an oil and gas or energy question. Re-post it under consumer law.
My father passed away in August of 2020, he left no will and owned no property or car or stocks or bonds. He did have funeral, hospital and nursing home bills that I have paid. He had 3 bank accounts (one of which was in Missouri, I was POD)which totaled more than 50,000. I was beneficiary of one... View More
answered on Dec 21, 2020
The fair market value is of property located within the state of Oklahoma and which is subject to disposition by will or intestate succession does not exceed $50,000. Property held in joint tenancy or which has a payable on death or other beneficiary provision would not be subject to probate and... View More
Family member refused to file the will
answered on Dec 9, 2020
There is no time limit to have a will admitted to probate. As stated by Mr Winblad, you can cause the will to be produced. You should seek the assistance of an attorney to proceed.
We have paid more than 55,000 in on time mortgage payments.We have obtained financing and our approved but Buyer want 304,000 and not subtract the 55,000 we've paid.and want us to sign a new contract to raise mortgage payment which we will not.what would you suggest.we also have the option to... View More
answered on Dec 3, 2020
I would suggest you take the contract for deed along with any other documents to an attorney to have them reviewed. It sounds like you are not being treated right, but it all depends upon the terms of the contract.
An order was filed on all other property. There was a waiver of general inventory and appraisal. We found the deed to the property after probate was complete. Do we need to go back through the probate process for this property?
answered on Nov 24, 2020
If there was a residuary clause in the Final Decree which covers "all other property," you should not have to reopen the probate.
At 80, I am in the process donating several hundred American and European prints and a like number of Japanese woodblock prints, ranging in value from $100 to $12,000 each. Most are classified as "promised gifts" and are with the intended recipient, a 501(c) (3) tax-exempt, fully... View More
answered on Nov 13, 2020
There is an appraisal requirement for all gifts in excess of $5000. That applies to where you give similar items of property where the total value is above $5,000. Six $1,000 items donated would reqire an appraisal. If you haven't already, you will want to contact the fine art museum to make... View More
Myself and several relatives who are the long lost heirs of mineral rights to some property in Texas. We are now being sued over that property. I have no idea how to begin going about dealing with this issue.
answered on Oct 26, 2020
Quiet title suits can involve a variety of issues. Sometimes they are quite complex. You may have valid defenses to the suit or the suit may have been filed to clear up some ambiguity or inconsistency in the record title. The suit may be establishing the interest of all of the heirs or may be a... View More
My deceased relative was force pooled on Day 0. This triggers this OK Statute for the holder, the mineral owner's heir and the State of OK. The holder is supposed to try and find the heir for 365 days. OK butts out except to require reports and an escrow account for funds due the owner. In my... View More
answered on Oct 25, 2020
Interests in oil and gas are interest in real property. The transfer of real property is governed by the laws of the state in which it is located, not where the deceased or owner is located. Regardless of whether the monies are held by the company pooling the interest, the Corporation Commission,... View More
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
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.
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... View More
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... View More
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?
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... View More
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