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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: My mother passed 10 months ago with no will. Her name is the only name on the title. My father still lives in the house

and pays the mortgage. I am his and my mothers only child and my mother had 2 children before they married, we want dad to have the house so he can do what he wants with it. What do we need to do? Quick claim deed? Probate?

S. Douglas Elliott
S. Douglas Elliott answered on Nov 11, 2019

A summary probate is most likely your best bet. It isn't that expensive. I haven't done one in a while but they aren't that difficult.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If I buy property at partition sherriff sale who pays the outstanding mortgage?
Doak Willis
Doak Willis answered on Nov 4, 2019

The amount of money you bid will go to pay the outstanding mortgage. The mortgage holder usually bids enough to cover their mortgage and if outbid them then your money you pay upon confirmation of the sale will be sent to them.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My mother passed away on 10-22-2019. She was in the process of selling her house. There is not a last will & testament.

I had power of attorney. The only asset she had was the house. She didn't have any life insurance policies, retirement benefits, social security benefits. We need to finish selling the house to pay for her funeral. Is there anyway to accelerate the process of probate.

Richard Winblad
Richard Winblad answered on Oct 25, 2019

Yes, here estate may qualify for a summary probate if her assets subject to probate were $200,000 or less. You are usually looking at 50-75 days to wrap up unless she had creditors claims.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm a beneficiary of a death deed in Oklahoma there are 7 other siblings listed they want to sell I don't what do I do
Richard Winblad
Richard Winblad answered on Oct 21, 2019

1. You must file an acceptance of the transfer on death deed within 9 months of the individual's passing.

2. You can file for partition which would likely result in the forced sale of the property through judicial means. The sales price and the expenses would be divided equally. I have...
Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Can my worthless mineral rights just be ignored when I die?

I live in Oklahoma. I own (or might own - who knows?) an undivided interest in mineral rights in Texas. I consider them worthless. Let's suppose that I manage to avoid probate through the use of beneficiary forms, TOD's, and POD's for financial accounts and TOD Deed for my house and cars, for... Read more »

Richard Winblad
Richard Winblad answered on Oct 11, 2019

It appears that Texas law allows a transfer on death transaction for minerals. A Texas attorney should be asked about a transfer on death deed. Current federal estate taxes begin at $11.4 million.

However, don't just focus on who gets your things when you are gone. Estate planning also...
Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Person signed a warranty deed over with no mention of retaining his life estate on that property.

He was awarded a life estate in the divorce, but a few years later he signed this to remove his name from the deed. But the life estate was not mentioned in this deed. Did he lose his interest in the property?

Vincent Gallo
Vincent Gallo answered on Sep 15, 2019

Then it sounds as if he conveyed the entire property to you.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am selling my house and signed a contract with buyer for $X. Appraisal came in $X-7 so closing got postponed while

buyer tried to straighten out. 10 days later, no progress. Is this contract null and void? I want to put house back on market.

Doak Willis
Doak Willis answered on Sep 12, 2019

Only a Court can determine whether a contract is null and void. If you are seeking to terminate the contract, you must get an agreement with the buyers.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a life estate be terminated if the owner of the life estate has abandoned the property?
Richard Winblad
Richard Winblad answered on Sep 12, 2019

No unless the deed requires occupancy

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1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Oklahoma on
Q: My boyfriend of 3 years and I bought a house together in May of this year, I recently found out he is cheating on me and

and has become abusive, how do i get him out of my house, and his name off of it

Anthony M. Avery
Anthony M. Avery answered on Aug 25, 2019

You will probably have to file suit for Partition.

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Intellectual Property for Oklahoma on
Q: Grantee filed fraudulent deed, when grantor was deceased & allotment was restricted under indian law, what can be done?
Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2019

And attorney can help you file an action to quiet title.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Will an irrevocable trust protect a house from the owner's credit card debts?

My grandmother has an irrevocable trust, she is the Trustor and Primary Beneficiary. My mother is the Trustee. My grandmother has over 50k in credit card debt. My mother is an authorized user on some of the credit cards but she is not a co-signer or co-owner of any of them. When they created the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 8, 2019

There is no way to answer your question without reviewing the trust and also investigating other facts, like what her balance sheet looked like when the trust was created. Your best bet is to invest in a consultation with an experienced probate attorney.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Co Heir sold property via Quit Claim Deed...part two

Thank you for the quick response. co heir sold property using a quit claim deed then the property was then sold to another party with a Joint tenancy warranty deed. There never was a probate case. We were unaware that the property existed because we were told at the funeral that my granddad sold... Read more »

Doak Willis
Doak Willis answered on Aug 1, 2019

Any attorney you speak with about this issue will be unable to give you a good answer until he/she is able to see the different deeds you speak of and the quiet titles you speak of along with a few more facts.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can a Quiet Title be successfully challenged?

Our property was sold fraudulently. The buyers must have known something about the fraud because shortly after the sales quiet title actions were filed. Can a quiet title ever be successfully overturned?

Doak Willis
Doak Willis answered on Aug 1, 2019

If the quiet title action has been completed to Judgment, it would be very difficult to overturn that Judgment. If it has not gone to judgment, you can win some quiet title cases depending of course on the facts of the case.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: co heir sold parcels via quit claim deed without our knowledge

a co heir sold several parcels of land via a quit claim deed the closing statement says something like forever barring heirs of first part (her) to claims of the property

To have and to hold the above described premises unto the said of the second part as joint tenants, and to the heirs and... Read more »

Richard Winblad
Richard Winblad answered on Jul 31, 2019

I assume that this is property located in Oklahoma.

If you were on title to the property, then the buyers did not receive full title. You possibly still have an interest and remedies.

If this were sold during probate, those records would need to be reviewed to determine if she...
Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I listed a house to sell and married prior to closing. Does my wife need to sign any documents ?

Did I need to advise my realtor?

Richard Winblad
Richard Winblad answered on Jul 31, 2019

At closing it is likely that she will be required to sign off on the deed even if she is not on the title. This is because should could oppose the sale because of a spousal homestead claim. Let the realtor know, the title company should be able to handle this easily.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: Can I rent out a square foot of my land, so someone can have a mailing address in my state.

I’m hoping to divide the land so people can rent it, thereby giving them an address in such state to establish residence. If they have a mailing address in which they then can get a drivers license in Oklahoma even though they don’t live at the address. Could a case of fraud be brought against... Read more »

Doak Willis
Doak Willis answered on Jul 28, 2019

Yes you can lease property that you own. Whether the folks that rent from you can establish residency within Oklahoma merely from leasing property is a different legal question. Residency is obtained by actually residing within the State of Oklahoma. That requirement is not met by merely leasing... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: If a person makes an offer on a house and it is accepted before marriage,is it considered personal property?

I took out a mortgage loan exclusively in my name and solely based on my own personal credit. I then made an offer on a house that was accepted before I got married. The house didn’t close until after I was married. Would it be considered a marital asset under Oklahoma divorce law?

Doak Willis
Doak Willis answered on Jul 28, 2019

You must keep a separate bank account on that house if it is to be rented as an investment. All money collected as rent should be put into that account as well as expenses paid on that property should be written on that account. You should not commingle income produced by you or your wife with that... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My dad passed away in March 26th 2019. My dad was married to his 2nd wife for 30+yrs. He had a will.

We were not notified until after his death. How can we obtain a copy of the will. He lived in Haskell Oklahoma.

Can we also contest the will?

Doak Willis
Doak Willis answered on Jul 23, 2019

You will need to hire an attorney in order to probably get the will from the surviving spouse. As to contesting the will, that attorney after reviewing the will and you telling the attorney any facts you may have as to why it should be contested can best answer that question.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: can i sue my roommates for their share of the last month of utilities?

my daughter moved out a month early (agreed upon with landlord). she had a verbal agreement with roommates to share utilities. the former roommates were notified of their share of the utilities for the last month they all lived together but are not responding. can my daughter sue in small claims... Read more »

Doak Willis
Doak Willis answered on Jul 12, 2019

Yes. The best evidence of that oral agreement would be where they each shared the utilities the previous months that they lived together.If she can prove those utility payments were shared jointly then her testimony of an oral agreement would have more persuasive affect before the Court in case her... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Real Estate Law for Oklahoma on
Q: My parents divorced 20 years ago. Mother never sold house as directed. Now she is passing. What type attorney is needed?

Fathers estate has 3 people that are not on mothers. When mother passes there will questions regarding the property and whonis goes to. Only myself and sster are on both estates. Father only payed 18 months or mortgage before divorcing mother and died owing substantial childsupport. Would court... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Jul 9, 2019

I would say that you need the services of an experienced family law practitioner licensed in the State of Oklahoma. That person should be able to handle most (if not all) of the issues that you're experiencing now.

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