Asked in Real Estate Law and Probate for Oklahoma

Q: My dad passed away, and owned his house can they take it from us.

My dad passed away he owned his house free and clear. The only thing is, is that he didn't leave a will. We, my brother and my sister and I, our names are not on the house. Can they just take it from us. And make me move out when I have been living here for a couple years now? One lawyer said since our names are not on there that we can't have the house because our names are not on there. We are wanting to keep it on the family. We have always lived here. Can we go to probate and put our names on the title to the house

Related Topics:
2 Lawyer Answers
Richard Winblad
Richard Winblad
PREMIUM
Answered
  • Probate Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: Assuming that your father was single at his death, you and your siblings should inherit it subject to debts & liens.

1 user found this answer helpful

Reece B. Morrel Jr
Reece B. Morrel Jr
Answered
  • Probate Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: In a probate case, the petitioner (you, on behalf of your family) will:

1. Gather ALL the assets of your Dad (real estate, bank accounts, tangible property, etc.)

2. Determine any taxes owed (federal and state income tax, real estate tax, etc.)

3. Determine any debts owed (mortgages, credit cards, liens, etc.)

4. Pay-off any taxes or debts (this may require that some assets be sold)

5. Distribute any remaining assets to the surviving heirs

You have not provided enough information about the value of the assets, or the amounts of the taxes and debts to give you a definitive answer. But, the above steps will give you a rough idea.

If you have more questions, then you should contact a lawyer. Thanks for asking!

1 user found this answer helpful

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.