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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Are my parents able to transfer ownership to me if ive been paying the mortgage?
Ben F Meek III
Ben F Meek III
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

1 Answer | Asked in Real Estate Law, Elder Law and Federal Crimes for Oklahoma on
Q: WHAT DOES IT TAKE TO RESCIND A DEED IN OKLAHOMA? MY DEED WAS DIVIDED AND NOT ALL PARTIES WERE PAID.

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

Richard Winblad
PREMIUM
Richard Winblad
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.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: When property is sold in as is condition can buyers sue for repairs after the fact in Oklahoma
Tristan Kenyon Schultz
Tristan Kenyon Schultz
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...
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1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: How can we stop our neighbor from nuisance burning trash?

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

Gregory Andrews Cade
Gregory Andrews Cade
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.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: I have a half brother. He has a full blood sister. Would I be entitled to any of his estate when he dies?
Gary Johnston Dean
Gary Johnston Dean
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...
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1 Answer | Asked in Criminal Law, Foreclosure, Real Estate Law and Landlord - Tenant for Oklahoma on
Q: After ahouse has been vacant for 3 years and is in foreclosure. Can the property owner break into said house and rentit

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

Robert Donald Gifford II
Robert Donald Gifford II
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

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on
Q: I own 140 acres of mineral rights in Oklahoma but 40 acres has another persons name I do not know. How do I remove?

How do I remove him. I believe that the mineral rights ownership was never updated when deeded to my mother over 60+ years ago.

Richard Winblad
PREMIUM
Richard Winblad
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

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Changing Joint Tenancy Warranty Deed after passing of last right to survivorship.

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

Richard Winblad
PREMIUM
Richard Winblad
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.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Litigation for Oklahoma on
Q: NoTrespassing posted. Can I chrg sister for entering my home w/o consent, taking her belongings, if order not yet served

A protective order had been filed but not served. She 'stomped on in' with only my 14 year old present.

Frank A. Urbanic
Frank A. Urbanic
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Is Joint Tenancy Warranty Deed same as a Life Estate Deed with verbiage reference living in house their natural lives?

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?

Ben F Meek III
Ben F Meek III
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.

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: When you get into a contract with a person to buy a house, do they have to by law give you a deed w/lien for ins.?

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.

Ben F Meek III
Ben F Meek III
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....
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Oklahoma on
Q: Family member died without will in1950 but there are still assets held by the state today. what 2 do?

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?

Ben F Meek III
Ben F Meek III
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

1 Answer | Asked in Family Law and Real Estate Law for Oklahoma on
Q: In Oklahoma Can you sell your home to family?

Father selling house to son and son's family.

Ben F Meek III
Ben F Meek III
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

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Is there a difference if you inherit a house via a Will or based on a transfer on death deed reference capital gains tax

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

Ben F Meek III
Ben F Meek III
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.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Does the Transfer-On-Deed in Oklahoma allow the listed features below?

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

Tyler R. Barrett
Tyler R. Barrett
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

1 Answer | Asked in Estate Planning, Mergers & Acquisitions and Real Estate Law for Oklahoma on
Q: Does Oklahoma support the Enhanced Life Estate Deed? Can a Enhanced Life Estate Deed be completed without a lawyer?

What is cost if required with lawyer?

Tyler R. Barrett
Tyler R. Barrett
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

1 Answer | Asked in Energy, Oil and Gas, Contracts and Real Estate Law for Oklahoma on
Q: selling mineral rights, is it standard practice for seller to sign a contract and sign over the deed before being paid?
Jim Ed "Jed" Franklin
Jim Ed "Jed" Franklin
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

1 Answer | Asked in Real Estate Law, Probate and Legal Malpractice for Oklahoma on
Q: Mentally ill father had someone file a false lien on his home. The attorney is disbarred. What can my family do?

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.)

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Oklahoma on
Q: My husband's nephew/family was going to lose their home so we stepped in and paid off the loan. It's in our name.

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?

Peter N. Munsing
Peter N. Munsing
answered on Aug 15, 2016

There are farm policies. You need to set boundaries on what they can do, have to do.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I was recently denied "Homestead Exemption" due to me not owning the property. I bought the house a few years back.

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?

Doak Willis
Doak Willis
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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