There is no question here. However, in all likelihood, the answer to the question is that one would have to look at the language of the deed and the disclaimer to answer the question. You should consult with a real estate or probate attorney and provide them with the documents.

You don't say who is the grantor and grantee of the quit claim deed, which could affect the answer. You should determine where your mother's husband died and request a copy from the appropriate governmental agency. If he died in Oklahoma, it is the Oklahoma Department of Health. You... View More

It sounds like you need a more in depth consultation with these facts. So much of this depends on how long they've been using the driveway, if they have another way to access their property, etc. Property questions are tricky and fact intensive.

Neighbor disputes are the worst... View More

No. There is no legal requirement that a quit claim deed be prepared or filed by an attorney. However, people often do no complete even a statutory form correctly. Also, it is generally considered the unauthorized practice of law for someone who is not a party to the transaction to prepare it.... View More

Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... View More

You will need to hire a probate lawyer in Oklahoma to resolve this. His estate will go through intestacy and if there are no spouses not heirs then it looks back to parents. A lawyer in CA will not be able to help you unless they are also licensed in OK.

Yes - as the owner of the property you can sell or rent out the house without a license. I would recommend that you contact an attorney to assist you in drafting your rental agreements as there are specific items that you will want to include, and some items you may want to specifically exclude in... View More

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answered on Jan 29, 2021

You definitely want a competent attorney to conduct a title search, now. Usually the Financing Statement for the mobile home is just secured by the home. even if it is a UCC filing at the Register's Office. I have seen some very fraudulent Deeds of Trust recorded from mobile home sales many... View More

Many quiet title suits are merely for cleaning up a title that everyone agrees on. However, some are not. The safest course is to file and entry of appearance and answer to the petition.

15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows... View More

You do not become an owner because you co-signed on a mortgage. You do remain liable on the debt if it is not paid. Title to the home is determined by the deed into your parents, typically either as joint tenants or tenants in common. When they die there will have to be a probate for the title to... View More

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answered on Jan 10, 2021

It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.

The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... View More

I am sorry for your loss. The answer to this question depends on numerous factors, primarily how she "gave" you the property. For example, did she add you as a joint tenant, did she leave it to you in her will, etc. You should contact an attorney to discuss the situation. Most provide... View More

It could perhaps be considered a conflict, however, there isn't a quick run around a probate. I've assumed this house is in Oklahoma. Assuming the house was titled solely in your brother's name, then there is no way to legally transfer title without an administration of your... View More

The answer depends on how the property is held under the contract for deed and terms of contract for deed. If it was in joint tenants you would be entitled to the property on his death, if in tenants in common, you and his heirs would own the property. You would not necessarily need to update an... View More

This should be a problem for the seller. When he sells it to you he is giving you possession. Don't close until the tenant is out.

Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... View More

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2020

Yes... The Government can clean it up, send you a bill, then file a lien if you do not pay it. They can also execute the lien or condemn the property, and then take it. You may be able to appeal the Codes decision, but you will probably lose.