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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If a step son is entitled to % of the house we bought a year before he died. What would his % be based on new or time

Of death price. There was no will.

Doak Willis
Doak Willis
answered on Apr 28, 2019

Your question does not give enough facts in order to be answered properly. Depending on how the deed was made out when it was purchased and transfered over to you and him, that would tell the percentage he owned. For example, if the deed was made out to you and him as joint tenants with rights of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: Son gifted mobile home pd in full no owed fees. MHP owner won't release lien trying to make him sign 5 yr contract.

No fees are owed. Previous tenant (gifter) stayed the 5 years. My son has home title in his name on the way in the mail. Owner states she will not release lien until he has also stayed for another 5 years. Tag office states if we have lien release information they will issue new title. My son has... View More

Doak Willis
Doak Willis
answered on Apr 24, 2019

Since your son hasn't executed a contract with the park owner, he would need to look at the contract signed between the person he was gifted the home from and the property owner and see what the conditions on the home are. Take the contract to an attorney for help.

1 Answer | Asked in Real Estate Law and Contracts for Oklahoma on
Q: Can a rental property in Oklahoma keep a security deposit if I back out of renting before signing a lease?

I contacted an apartment community about renting a unit they had specials on. The apt was not finished and we looked anyway, decided we liked the layout and would put in an application. We paid a $50 app fee. We decided to move forward with a deposit on the property after the application was... View More

Kyle Persaud
Kyle Persaud
answered on Apr 23, 2019

You have the right to demand a return of the security deposit.

Okla. Stat. tit. 41 s 115 says:

A. Any damage or security deposit required by a landlord of a tenant must be kept in an escrow account for the tenant, which account shall be maintained in the State of Oklahoma with a...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Apt Mangr told me I needed to pay the early termintn fee of two mths rent before I could give 30 day notice to vacate?
Kyle Persaud
Kyle Persaud
answered on Apr 12, 2019

Whether he can do this, depends on what was in the lease agreement.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on
Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.

The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... View More

Kyle Persaud
Kyle Persaud
answered on Apr 4, 2019

File an action in court to remove the trustee.

Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.

The wording of the trust may also specify in which state a trust action must be filed. If...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file... View More

Kyle Persaud
Kyle Persaud
answered on Apr 5, 2019

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If I am renting a home that the owner is supposedly selling can she kick me out in 2 days? What are my rights?

There was never a lease filled out when we move in. We have been living here for 4 months.

Kyle Persaud
Kyle Persaud
answered on Mar 15, 2019

If there was no written contract, then, your tenancy is presumed to be a "tenancy at will" and can be terminated by the landlord at any time. Okla. Stat. tit. 41 sec. 1

However, "thirty days notice in writing is necessary to be given by either party before he can terminate a...
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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: In an Oklahoma property dispute case, can the Defendant's attorney file a property lien against Plaintiff's property?

Plaintiff (72 yrs old, low-income, represented by legal aid attorney) filed case to obtain his 7 acres back from the Defendant who had forged the Plaintiff's signature on quick claim deed. Judge ruled infavor of Defendant, allowing him to keep 7 out of 14 acres that was previously (legally)... View More

Kyle Persaud
Kyle Persaud
answered on Mar 12, 2019

If the judge ruled that the Plaintiff owed the Defendant legal fees, then, Defendant can file a lien on Plaintiff's property, in order to collect on the judgment.

What you are really contesting, is the underlying case itself. You are really questioning whether the judge should have...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Do we have a case?

My husbands grandmother passed and her property is almost up for taxes. It is his step dad’s mother but he raised him. None of the other family want anything with us (they are druggies and we are law enforcement) and they have no funds to probate and don’t wish to. They want to mooch off of the... View More

Ben F Meek III
Ben F Meek III
answered on Feb 13, 2019

There isn't enough information to determine whether your husband would end up with the property through probate. It may be simpler to keep an eye on the property and buy it at a tax sale. You might have to outbid someone but would likely get the property for a song either way. Or you may be... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: what is best way to address property boundary dispute with adjacent property developer? Currently encroaching my prop.

Bought house last month and adjacent property developer recently placed “new” property boundary stakes in my yard and driveway. They are currently destroying the greenbelt between my home and yard and the new development. There was no disclosure prior to closing that 55 small homes on 100’ x... View More

Vincent Gallo
Vincent Gallo
answered on Jan 27, 2019

You should have acquired a title insurance policy that is intended to address your dilemma.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: If I have been a tenant of a commercial property over 10 years do I have a right to buy the land before a stranger?

I live in Oklahoma

Richard Winblad
PREMIUM
Richard Winblad
answered on Jan 25, 2019

Unfortunately, no. Unless your lease or rental terms state differently.

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: My sister forged my signature on property we inherited. I turned down an offer but check was in bank already. 2.2million

I agreed to selling but not at current offer. She knew this but signed my name an the check was in the bank 2 days before i found out. She will not show me the final paperwork that i wouldve signed. Called realtor asked him copies and he sent 4 pages 1 was blank an no names or numbers on the... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Jan 21, 2019

Sorry for your issues.

It sounds as though your sister forged your name to an acceptance of an offer to sell and that an earnest money check was deposited. I say this because if your name is on the property (completed probate or trust) then you must sign before a notary public.

You...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?

I am on SS and have very limited funds. My mother left me the land she owned, 2 lots in Grant, OK. Handwritten will, land is all there is and value is maybe $2000 or less. Is there a way to get it switched over to my name without court, lawyers and such? I want to donate it in her name to our... View More

Doak Willis
Doak Willis
answered on Jan 21, 2019

No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Spouse died in TX & willed property to spouse. What steps need to be taken to sell OK land still in his name only?

Will has been probated in Texas. No liens on property & taxes up to date.

Richard Winblad
PREMIUM
Richard Winblad
answered on Jan 6, 2019

A simplified Oklahoma probate Is required to put the property in the name of the person who inherited it. Unfortunately the Texas probate doesn’t have jurisdiction in Oklahoma so this step is necessary.

1 Answer | Asked in Family Law, Real Estate Law and Energy, Oil and Gas for Oklahoma on
Q: If judgement was in dads step brother cam we take him back to court

Dad died in 2000 and dads STEP BROTHER took us to court and because STEP BROTHER said how does anyone know we belong to are dad judgement was in his favor cause they wanted dna what can we do

Doak Willis
Doak Willis
answered on Dec 30, 2018

Your question is confusing. This appears to be a question concerning heirship and whether you can prove you were an heir of the deceased. You stated they wanted DNA evidence which a test can be taken but your facts don't address whether it was ordered or not and the results. You should make an... View More

1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on
Q: I'm suing a married couple in small claims court. If only one of them gets served, can I get a judgment against both?

A married couple abandoned the house they rented from me, leaving thousands of dollars in damage. I've filed against them in small claims court in Oklahoma. The process server was able to serve the wife, but not the husband. They both have jobs, and I would like the judgment to apply to... View More

Doak Willis
Doak Willis
answered on Dec 29, 2018

The process server can serve the spouse also so you can get personal jurisdiction over both. The server will have to file his return of service showing he served the husband by leaving his summons with the wife. They must live together where she was served.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What forms do I need to sale my land. Selling it for cash. Do I just sign over ownership? How is this done
Doak Willis
Doak Willis
answered on Dec 19, 2018

You will need a real estate purchase contract setting out the terms of the sale along with the names of the parties and the legal description of the property. Sellers and buyers must sign it. If there is to be an abstract on the property prepared and read by an attorney, that should be done after... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I have a verbal lease with someone renting a room in my house. The SO has spent the night most nights for months.

I am renting one room in my house with a verbal agreement. The significant other, who has her own apartment in the city, has spent every day at my house (and almost every night) for the last several months. I requested that if my roommate is not there, that the SO should also not be there, and my... View More

Doak Willis
Doak Willis
answered on Dec 30, 2018

You should sign a lease with the person leasing your room setting out all the details concerning that persons rights and responsibilities under the lease and have the clause in the lease covering the situation you find yourself in presently. You could say that they can have an overnight guest for... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband and I owned property in Oklahoma joint tenant right of survivorship. Did I become sole owner up on his death

Will a deed from me convey clear title?

Richard Winblad
PREMIUM
Richard Winblad
answered on Nov 29, 2018

Sorry for your loss.

Yes. You are now the sole owner. However, it is important for you to complete and file an affidavit of surviving joint tenant with a certified copy of your husband's death certificate. It is a one page form and requires specific information about the original...
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