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Oklahoma Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Oklahoma on
Q: the city of Tulsa has a lien on my house. my house in on muscogee creek nation land.

the city of tulsa has violate my native rights

0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Oklahoma on
Q: I just found out my father died in 2018. I was never notified about it and I am His only son, that I know.

My parents were married when I was born. But after he tried to kidnap me and beat my mom when I was around 5 years old. Lawton police arrested him and he was never in our lives again or did he help with anything. So is it possible that I can file to receive any royalties, property or anything like... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: I have lived on a property for 2 years the deed holder is dead there are taxes due. What can i do to own it?
Anthony M. Avery
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answered on Jan 27, 2025

Hire an OK attorney to search the title, determine heirship, and prepare a deed for the heirs to execute. You will need to pay them money. Recording an Affidavit of Heirship would help.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: What happens when a property co owner passes and they have tenants, is the property available to be sold immediately?

Probate law for landlord and tenants

Property qualifications for title to be sold if a co-owner passes away

Charles Watts
Charles Watts
answered on Feb 4, 2025

If the owner is a co-owner then it depends on how the land was deeded. If the property was right of survivorship then the property shifts entirely to the other co-owner. If it was not right of survivorship then the co-owners 'portion' would have to go through probate (or distributed via... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My name was removed from my 50 acre ranch without my knowledge or permission by my estranged girlfriend.(Oklahoma)

She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

Anthony M. Avery
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answered on Jan 17, 2025

Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: Can I file for ownership of my home of 10 years, so I can repair the home?

Entered contract with Aunt-n-law of Rent to own on wife's granddad's home in Oklahoma.

She Moved to Oregon, have had no successful contact with her.

She broke contract first month by dropping insurance on the home.

We have paid property taxes for and lived here... View More

James L. Arrasmith
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answered on Jan 10, 2025

You may be able to claim ownership of the property through adverse possession laws in Oklahoma. Since you've lived in the home for 10 years, maintained it, and paid property taxes, this could strengthen your case significantly.

The first step would be gathering all documentation...
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2 Answers | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: What steps are needed to file deed on an abandoned property when all owners and heirs are deceased
Anthony M. Avery
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answered on Dec 30, 2024

Hire an OK attorney to search the title and determine heirship and taxes owed. Then you might want to offer certain heirs money for their quit claim deed to land.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If two people have equal interest in a parcel of undivided property and one passes away. Do the heirs get equal shares
Anthony M. Avery
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answered on Nov 12, 2024

Generally yes. But hire an OK attorney to search the title and determine heirship.

1 Answer | Asked in Real Estate Law and Tax Law for Oklahoma on
Q: Need advise on determining basis on property gifted from g-parents to calculate capital gains

Is it true when one spouse passes away the assets/ property/land held in a marital trust are inherited by the surviving spouse and the property at this point receives a step up basis?

If I was gifted this property and I sale it, would this be the basis for calculating the capital gains?

James L. Arrasmith
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answered on Oct 31, 2024

When you receive property as a gift from your grandparents, the basis for calculating capital gains is typically the same as what your grandparents had in the property. This is known as a carryover basis. If the property's fair market value at the time of the gift is less than the original... View More

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters' rights even if house is in my name?

Five years ago, my grandmother "sold" me her house for $5 to get it out of her name and avoid probate if she were to pass because she wants me to have it. She's continued to live in it though I pay all property taxes, etc. Recently she's let my cousin's son who is 16 move... View More

Anthony M. Avery
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answered on Oct 9, 2024

Hire an OK attorney to determine potential heirs. Those actual heirs have a right to occupy the premises, and sue for possession from anybody else.

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: Breach of contract rent to own or similar type contract. Need help with many questions I have

Paid off house and land 25k was supposed to get deed upon payoff but seller stopped returning my calls and disappeared completely. Two months later house was transferred to new persons name and they are attempting to remove me. House previously owned by a married couple and I dealt with the... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

You will need to contact an attorney to get your answer because there are many different factors along with reporting and filing of deeds and other things. You "may" have a claim for a quiet title action, but you may not.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My and my sister bought a house together and I live in the house but still owe money to her but we're both on the deed

She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

Charles Watts
Charles Watts
answered on Oct 7, 2024

Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters rights even if house is in my name?

Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: We are buying our house and the side yard is suppose to be part of the purchase.

Their are 2 lots i n one and now someone is selling off the other lot. Apparently the survey shows our lot not the other lot and the deed is only our lot, this was never mentioned and not sure if the owner of the trust new this not sure if they where aware and maybe assumed it was all being sold as... View More

Anthony M. Avery
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answered on Sep 6, 2024

Hire a competent OK attorney to file a Quiet Title Action, etc. now. You will probably claim you own it by Adverse Possession. Hopefully you have paid taxes on both lots. Otherwise you will lose that lot.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: In Oklahoma if my father passed away and jm his only heir.how do I get a land title?

I've been paying the taxes on it for years

James L. Arrasmith
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answered on Jun 22, 2024

To get the land title in Oklahoma as the sole heir of your deceased father, you'll need to go through the probate process. Here's a general outline of the steps:

1. File a petition for probate in the county where your father resided or where the property is located.

2....
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Public Benefits for Oklahoma on
Q: A deceased husband not living with wife. What is she entitled to ?
Timothy Carignan
Timothy Carignan
answered on Jun 12, 2024

If they’re still married, it doesn’t matter if they’re living apart. Typically, if a person dies without a will, the wife will receive everything unless there are children. This is yet another reason that everyone needs a will.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: I want to escape joint real estate ownership with my sibling.

My parents died and left two parcels of farmland to me and my brother, 50/50, tenancy in common. My brother has mental health and substance abuse issues. He is also petty and passive aggressive. It is always up to me to pay the taxes, collect farm rent, and deal with any issues that come up with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

If you have true Tenancy in Common, you own your "interest" in the property. You have the right to transfer that interest to anyone you like, even without the permission of the other interest owners. You can even sell your interest to another person not related to you. However, if you... View More

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1 Answer | Asked in Tax Law, Real Estate Law and Municipal Law for Oklahoma on
Q: If a property is abandoned and tax warrants are threatening to take said property,can a person claim by paying back taxe

Even if also a mortgage maturity date ?

James L. Arrasmith
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answered on Apr 20, 2024

If you're interested in claiming an abandoned property by paying off back taxes, it's crucial to understand the legal and financial implications first. Paying the overdue taxes might not automatically entitle you to ownership if there are other legal claims, such as mortgages or liens,... View More

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