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answered on Apr 12, 2017
Maybe. If they are both of sound mind and can form the required intent to give or sell you the property, they could do so. However, if the property is encumbered by a mortgage on which your parents are the mortgagors, such a gift or sale would almost certainly breach the "due on sale or... View More
JOINT DEED, ONLY ONE PERSON GOT PAID, PARTY "A" QCD TO PARTY "B", THEN PARTY "C" REFUSED TO PARTICIPATE. IT WAS ABOUT MINERAL ESTATE IN OKLA
answered on Aug 23, 2017
Your question is not really clear. Sounds like Party C did not sign any deed. Party A can sell only his/her own interest. If these are mineral interests Party C should be unaffected by A's deed.
answered on Mar 27, 2017
This relates to jurisdiction. Unless there is some aspect of the deal in OK (the land, a party, the location where the sale occurred, etc.), OK should not have jurisdiction over the sale.
As a secondary matter the "as is" usually voids/disclaims most liabilities (excluding knowing... View More
We live outside city limits near Enid, Oklahoma and our neighbor burns hay that has been soaked in goat urine and feces as well as burning her household trash every day. The piles are burning and/or smoldering constantly and the smell is horrible. Our home, clothes, cars, and even hair smell like... View More
answered on Apr 18, 2017
Consult an Oklahoma personal injury attorney; you might have a private nuisance case which can be remedied by an injunction or money damages. Good luck.
answered on Nov 26, 2017
In Oklahoma, when a person dies without a will, the estate passes to his spouse, and children first. If none, then to brothers and sisters. Adoption does not matter, nor does half blood.
Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the... View More
I moved into the property without the knowledge of it being deemed vacant and in foreclosure for 3 years. I also was under the impression that I was buying the house from the owner. Come to find out he cannot profit legally from this property without notifying the secondary debt collection company... View More
answered on Mar 23, 2017
If you intend to break your lease, you must normally do so in writing and allow the landlord the opportunity to correct the problem. If it appears you may be losing your residence and have already paid the rent for that month, you may consider filing a claim in small claims court for the money... View More
How do I remove him. I believe that the mineral rights ownership was never updated when deeded to my mother over 60+ years ago.
answered on Dec 31, 2017
It is unlikely that you will be able to remove the other person if they are in the chain of title. It is not unusual for mineral interests to be fractionalized. You can only remove somebody if they are a stranger to title. For example, if a deed or conveyance mistakenly included the wrong legal... View More
I understand there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving joint tenant(s) can file an affidavit in the county land records. If I use the Second... View More
answered on Oct 3, 2017
This is a fairly simple affidavit, most county clerks (not court clerks) will have the form. If not contact an attorney who can prepare one for you for about $150.
A protective order had been filed but not served. She 'stomped on in' with only my 14 year old present.
answered on Mar 1, 2017
Call the police if you think she broke the law. The prosecutor is who would charged her with a crime if they think one happened.
Oklahoma mother and father signed Joint Tenancy Warranty Deed to house to 3 sons with verbiage that allows them, the parents, to live in the house for the rest of their natural lives. Is this considered the same as a Life Estate Deed?
answered on Feb 24, 2017
It sounds like a life estate in the parents (with right of survivorship) and the remainder to the 3 sons. An attorney would need to see the Deed to determine if it does, in fact establish a life estate and a remainder and to confirm that it is valid.
In contract it states we must carry homeowners ins. But ins. Company's say we need deed in order to get homeowners ins. Sellers won't give us feed w/lien in order to get said ins. Now they wanna kick us out after $10,000 down and 7 years paying on the house.
answered on Feb 10, 2017
It sounds like you have a contract for deed. You definitely need to contact a real estate attorney and have them review your documents and ask questions. Your situation is going to be too fact-dependent to answer clearly on a message board.
Many attorneys offer free initial consultations.... View More
No immediate or relative members alive other than myself but I don't have property documents dating back to 1950 but state will not release property to me without those documents. Can I file a quick claim deed on the properties?
answered on Jan 18, 2017
There is not enough information in your question to give you a good answer. Is it real property, as I assume from your reference to a Quitclaim Deed? Is it held by the State as unclaimed property? Is it a mineral interest? Does the State claim outright ownership by escheat? There may be ways to... View More
Father selling house to son and son's family.
answered on Jan 14, 2017
If there are no complicating factors, yes. Complications could be things like your having creditors and asking a low sale price. Existing liens or claims like Medicaid against it could create problems. Many others possible. There may be no problem at all. But if you have any suspicions, talk about... View More
Is there a difference if you inherit a house via a Will or you acquire a house based on a transfer on death deed concerning if you still have to pay capital gains tax if you sell it immediately. If the answer is no to paying capital gains tax if you sell it then what is the time line that you have... View More
answered on Jan 10, 2017
Property that is passed due to the death of the owner gives the recipient of the property a stepped up tax basis in the property. This includes property transferred by Transfer on Death deed or by the property's having passed through probate.
Does the Transfer-On-Deed in Oklahoma allow the listed features below?
(1) Does it allow the property owner to retain his homestead creditor and tax exemptions?
(2) Does it keep the property owner's home exempt from Medicaid claims during his lifetime?
(3) Does it allow... View More
answered on Jan 5, 2017
A Transfer-on-Death Deed does not constrain the grantor's ability to sell the property during his/her lifetime. In addition, generally speaking, because a Transfer-on-Death Deed is a testamentary transfer (meaning it takes effect at death), the tax treatment is the same as property disposed of... View More
What is cost if required with lawyer?
answered on Jan 4, 2017
Hi, thanks for your question. In Oklahoma, we call this a Transfer-on-Death Deed. Our statutes specifically authorize it. I cannot speak for other attorneys. However, I typically do estate planning matters on a flat fee - which varies depending on the nature and complexity of the documents I am... View More
answered on Feb 3, 2017
The buyer will want you to do it that way, but I always counsel my clients to not turn over the deed until payment is made. Usually I do this simultaneously. I've not had a problem in asking for and getting this concession, because otherwise it is too risky and not fair to the seller.... View More
My father is deceased as of Sept of 2015. I have a copy of the forgery. David L Morris was the attorney (who is in jail for other fraud.)
answered on Aug 30, 2016
Usually you would file an action to quiet title. Suggest you start with contacting a member of the Ok.Trial Lawyers Assn who handles legal malpractice.They give free consultations.
We can't find liability insurance for the place because there are farm animals on the property. Now they have allowed 2 other people to live there. The home is substandard, to say the least. How do we protect ourselves in case of an injury/claim?
answered on Aug 15, 2016
There are farm policies. You need to set boundaries on what they can do, have to do.
i have a warranty deed but it states the land trust of whom i acquired it from and c/o my name. According to the county assessor i do not own the property. i reached out to the title company and i was told it was taken care of only to be denied again for the same reason. what should be my next step?
answered on Mar 7, 2016
You need to hire an attorney that deals in real estate matters as the Title Company may not be telling you the truth. A good attorney can look at the deed and inform you what your rights are concerning the property.
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