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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: My mother married a man and they lived in OK. He did not have a Will, 17 years later the two properties never probated.

She is bedridden from a stroke living in an Alabama nursing home, and trying to get qualified for Medicaid. We can not pull up the deeds to two properties that he owned with my mothers name on them. She has kept the taxes up on one property that she was living in, but not sure about the other one.... View More

Richard Winblad
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Richard Winblad
answered on Nov 15, 2018

Sorry for your issues.

Unless your mother holds title to the property she cannot sell them. It sounds as though a probate would be needed. Depending upon the situation, your mother be required to share the inheritance with the husband's children (if not alive their descendants)....
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1 Answer | Asked in Business Formation, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: What does "Null & Void" mean? Does that absolve both parties of the lease and if so would I be liable for rest of year?

Real Estate:

Can I get clarification as to the use of 'Null and Void' in the following contract stipulation? I would like to know if null and void would 'break the lease' in a way that absolves both the TENANT and the LEASER.

"Owner and Tenant have... View More

Doak Willis
Doak Willis
answered on Nov 12, 2018

That would mean the contract has become inoperable due to a term thue each party being released from the contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a seller sign two contracts for the same property. The first being a contingency contract.

If this happens and the potential buyer for the second contract is out of money pursuing financing prior to being told of the first contingency contract, who is responsible?

Doak Willis
Doak Willis
answered on Nov 12, 2018

No one is responsible for anything since there was no damages to anyone under the contract. The second buyer ran out of money and couldn't get financing in order to purchase the property. The seller hasn't suffered damages since obviously the second contract had a contingency for... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am reanting a house we have a lease and in the lease states i can buy when i come up with the 7000. Can she sell it?

She notified me today i have to move out by dec.3 and that she sold the house from underneath me cause she got a better offer

Doak Willis
Doak Willis
answered on Oct 22, 2018

You will need to take your lease/contract to an attorney in order for him/her to read it to give you the advice and an answer to this question.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: If homeowner completed transfer of deed paperwork (signed and notorized) to 2 sons and he dies before paperwork is filed

At courthouse, will this affect home going to probate?

Vincent Gallo
Vincent Gallo
answered on Oct 17, 2018

In New York at least, if the deed was properly executed and acknowledged, and was delivered to you, although not get recorded the deed would be considered fully effective for purposes of transferring title to the real estate to you.

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1 Answer | Asked in Consumer Law, Contracts, Foreclosure and Real Estate Law for Oklahoma on
Q: Who do I see to learn if an action has been filed on a mechanic's lien or if a hearing date has been set or is pending?

I have not been served a summons, although I have reason to believe that such may be forthcoming. I have offered settlement and have made previous payment and have sent a recent check to the merchant, which cumulatively amount to 75% of all claimed charges but have been stonewalled. The most... View More

Todd Laster
Todd Laster
answered on Sep 27, 2018

You can search to see if a mechanic's lien has been filed on your property by searching in the land records division of the Court house where the property is located. There is a fee for copies. If the creditor makes an attempt to foreclose on the mechanics lien you should be notified by a summons.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How do I sale my parents house if my sibling does not want to do it

Both my parents are deceased, and we have done probate and everything is ready to divide up. The problem is my only sibling is dragging her feet on selling the house. What are my options and how can I force the sale?

Richard Winblad
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Richard Winblad
answered on Sep 25, 2018

If you sibling does not want to sell and you own an interest in the home you can ask the court to partition the property. Which, in your case, would probably result in its sale. However, this is costly and requires an attorney's assistance. If the probate case is still open you can probably... View More

2 Answers | Asked in Real Estate Law and Probate for Oklahoma on
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... View More

Richard Winblad
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Richard Winblad
answered on Sep 6, 2018

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

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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: What happens to estate if probate is started but never completed in Oklahoma

My brother passed away over a year ago, I connected my sister up with a probate attorney and probate court agreed to appoint her as executor for the estate, the heirs are siblings 5 of us, the house and property was to be sold, nothing was ever done, I have talked to the attorney and he is no... View More

Richard Winblad
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Richard Winblad
answered on Sep 6, 2018

Sounds like you need to visit with another attorney. There may be reasons that the effort in the sale of the property might not make sense, such as mortgages or excessive creditors' claims. If taxes are not paid on the home it will be eventually be sold for back taxes.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
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... View More

Richard Winblad
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Richard Winblad
answered on Aug 27, 2018

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...
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can I sell the house without my wife's consent in Oklahoma? I'm the only person on the deed and the Mortgage.

My wife never contributed anything to the house. Does she have the rights to stop the sale?

Pete David Louden
Pete David Louden
answered on Aug 2, 2018

If the house was acquired during the marriage, does not matter which name is on deed. It is marital property.

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2 Answers | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: What are the pros and cons of my parents adding me to their deed?

Their house is worth $70,000. They have agreed to sell it to me for $35,000 which I would give them now so they can have money for an emergency or any medical bills they might have. They are going to continue living there until their death and will leave the house to me. They don’t feel... View More

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Aug 2, 2018

You may want to consider a Transfer on Death Deed. On the death of your parents, you will receive a "step-up" in basis to the "fair market value" as of their date of death. This stepped-up amount will then be used in the calculation for capital gains.

One of the...
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1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: I've been buying my home for two years and landlord wants me to move
Richard Winblad
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Richard Winblad
answered on Jul 31, 2018

Your question did not have all the facts necessary to give a more solid answer. However, it sounds like you had a contract for deed or lease to own agreement. You should have an attorney review the agreement along with any other writings (emails, texts, letters, etc). If you have an interest in... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: We are buying a House and no realtors have been involved. We have spent $4000 on this house. Can the seller back out ?

Seller refused to pay for repairs to make the home meet fha standards. We paid to have piers installed and replaced the rotten wood on the house. Paid over $900 to the appraiser , $500 for inspection, $250 for a structural engineer. The lender we are working with has delayed closing 3 times now. It... View More

Richard Winblad
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Richard Winblad
answered on Jul 25, 2018

Not my type of case but you may be able to sue for specific performance which will require sale.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Do I have to have the home put in my name to sell it?

I just asked about my moms property.

Richard Winblad
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Richard Winblad
answered on Jun 20, 2018

I'm assuming your mother passed away and left the home to you. You will not be able to transfer good title to the property unless it is in your name.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My mother passed away. In her will she left everything to me. She never had ex removed from deed.

In divorce she was awarded the home. Does he have any right to the home now.

Richard Winblad
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Richard Winblad
answered on Jun 20, 2018

Sorry for your loss.

1. If the divorce decree does award your mother the property without any conditions and it contains a legal description, you should be able to obtain a certified copy of it from the court clerk and file it with the county clerk (recorder of deeds). This may have...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Quiet Title? Can we lose our cash investment for land purchase, should someone come forward as previous owner?

We are considering purchasing a property with cash! We have heard we will need to file a quiet title suit after the purchase! The sellers (who acquired the property thru a tax sale 3 yrs. ago) guarantee a Warranty of Deed.

Could we lose the investment should someone come forward as... View More

Richard Winblad
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Richard Winblad
answered on Jun 12, 2018

Require your owner to provide title insurance before you turn over money. A quiet title could be much more expensive. Use an attorney or closing company. Sounds like a risky investment.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What changes hands when you purchase a property out right in Oklahoma ?
Richard Winblad
PREMIUM
Richard Winblad
answered on May 22, 2018

The purchaser should receive a deed to the property and the seller should receive payment.

Sounds pretty simple, but the buyer should also make sure that the seller owns what he or she is selling. Real estate titles are complex and there are many things that may impact the seller's...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Parents left me their property. Bother has allowed others to come on property to live.

Alright my mother and father passed away this last year. My parents left me on the deed as the property owner of their land. My mom told me her wishes and I have honored them. My brother has been staying on the property and has now allowed others to come on the property and live. I would like to... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on May 15, 2018

Sorry for you issues.

Assuming that your parents had clear title and they deeded the property to you, then you are the owner. Be sure the deed is filed with the county clerk.

You would need eviction proceedings to remove all unwanted tenants.

You could potentially be liable...
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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Is a will recognized in Oklahoma if is was not filed @ courthouse?

Father lived in Texas, died and was survived by 2nd wife and 2 children (from 1st marriage). Will was probated in Texas.

Father inherited a mineral estate in Oklahoma from his parents. Does Oklahoma recognize the will filed in Texas or is mineral estate considered intestate?

Richard Winblad
PREMIUM
Richard Winblad
answered on May 9, 2018

It sounds like your father's will was admitted (accepted) into probate by a judge. The Will would also be valid in Oklahoma except in the rarest of circumstances. Therefore, the gifting provisions of the Texas Will would probably be enforced in Oklahoma.

It would likely not be...
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