Dallas, TX asked in Probate for Oklahoma

Q: I live in my family's house. I have lived in this house for 16 years, paid the taxes, and maintained repairs.

My 1st cousin is who has title to the house has been dead 27 years. I am trying to get title in my name so i can pass it on to my granddaughter when I die to keep it in the family. What is the best way to get a clear title?

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Probate Lawyer
  • Crossville, TN

A: Hire a local probate attorney to probate your cousin's will or, if he or she did not have a will, to probate his or her estate as an intestate estate. This does not guaranty that you will get title, however. You will get title only if you were your cousin's sole heir when he or she passed. I have to tell you that it uncommon but it is possible if, say, when he or she passed, he or she had no living descendants, no surviving spouse, no living parents, no living siblings, etc., in other words, you were his or her closest living relation and he or she had no other cousins living at that time.

Richard Winblad
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Richard Winblad
Answered
  • Probate Lawyer
  • Edmond, OK
  • Licensed in Oklahoma

A: If there are more claimants than you to your cousin's estate it is possible that you have a claim by adverse possession but this would probably require a quiet title action. In either event you will need an attorney

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