Q: Need to know what Oklahoma legal form do I need to fill out to claim property left to me and my brother on a TOD Deed
Need to know what Oklahoma legal form do I need to fill out to claim property left to me and my brother on a transfer on death deed filed with Delaware County Oklahoma. It was filed I believe in 2012.
My mom passed away in July. She owns 70 acres of land in Delaware County Oklahoma. We have a legally recorded Transfer on death deed that leaves that property to my brother and I.
It's a bit unclear. The county sent an Affidavit of surviving joint tenant but we didn't own it with our mom, she was just transferring it to us upon her death.
They also sent a different form when my wife asked, called affidavit for beneficiary death deed, but it had Cleveland county pre filled in. do you know what form we need to send the County Clerk? Should we just make one up with the pertinent info and get a notary to sign it?
A:
Sorry for your loss.
You have only 9 months to file a form to claim the property.
The legislature has not created a form. You are correct that the affidavit of surviving joint tenant is incorrect.
An attorney prepared form should cost about $250.
You and your brother should also consider dividing the property to avoid issued in the future.
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