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Oklahoma Real Estate Law Questions & Answers
2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
Anthony M. Avery answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »

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3 Answers | Asked in Real Estate Law and Probate for Oklahoma on
Q: My dad left me 6 acres in his will but I cannot seem to find out the process to transfer it to my name.

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James Tack Jr
James Tack Jr answered on Sep 15, 2021

I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in... Read more »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: My step father is trying to force me out of my mother's home, he signed a quit claim deed in a divorce/set a side.

They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »

Anna L Self
Anna L Self answered on Aug 18, 2021

If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: house has been unattended for 15 years. The yard is over grown and house is falling apart. Could I claim it as my own
James Tack Jr
James Tack Jr answered on Aug 16, 2021

Not enough information to answer . What is your relationship to the house? Who are the owners? Who is in possession of the house? Contact an attorney to discuss the details and determine a course of action.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Mobile home

My mom and dad own my mobile home here in Oklahoma City. My dad passed away about five years ago and my mom wants to know what we need to do to put in my name.

Charles Watts
Charles Watts answered on Aug 15, 2021

It depends on how things are set up. If it is for the land that the trailer is located that could be a simple quit claim deed. If there is a lender involved then you will have to deal with them directly.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: my mother and i invested in a home together. We are both on the deed. my brother just took over as her power of attorney

Can my brother sell the home?

Charles Watts
Charles Watts answered on Aug 13, 2021

You will want to consult with an attorney in person with all the details. However, he can either sell you his portion or he can file an action for it to be sold if you cannot buy him out. However, generally he cannot simply sell it without you consent since you are also on the deed. However, you do... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Two unrelated people are listed on a deed for 3 city lots: John Doe and/or Sue Smith.. Do both have to sign quitclaim?

Property is unoccupied. Deed says lots 16, 17, 18. Trying to buy land from John Doe and he says he has to get Sue Smith to agree. I think Mr. Doe is in danger of losing his property if Ms. Smith wanted to take it from him since the deed is and/or. Please help.

James Tack Jr
James Tack Jr answered on Aug 12, 2021

There is no clear answer on "and/or" in a real estate title in Oklahoma. To pass good title, both John Doe and Sue Smith, and their spouses, if any, would have to sign a deed.

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Nephews want to buy my 1/3 undivided interest in land we inherited together using promissory note. Is is this advisable?

My mother died in '06 w/o will. Judgement was filed and recorded in Muskogee county, Ok in 2012 showing myself and only son of my deceased sister each being owner of 1/3 undivided interest. My deceased brother's 4 children were shown to have 1/12th undivided interest. Two of the owners of... Read more »

Charles Watts
Charles Watts answered on Aug 10, 2021

First and foremost, ask yourself if this were a stranger would you do it. If not, then do not do it just because they are family by some degree. Contracts are there to help keep friends friends, family family, etc.... Without one, you are often inviting trouble upon yourself. If they have good... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: Is At&t a utility that can use easement right of way and place line in ground tearing up property and placing it ...

... where they want to , using county road right away in Roger's county oklahoma, then threatened me with sherriff to have me removed for voicing my opinion. It's not right, not fair, is this a law that just tramples the rights of property owner and not the fairly takes in account... Read more »

Charles Watts
Charles Watts answered on Aug 4, 2021

Utility easements are often written into the legal description of the land. Additionally, even if not, but they have record of the utility easement and that can be proven (which from my experience they usually have their information together before doing any work) - then yes they can without... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: if there are three names on deed yet two are husband and wife, do they hold the majority if property is sold?

in Oklahoma

James Tack Jr
James Tack Jr answered on Jul 21, 2021

It depends upon the wording of the deed. Without specific wording they each own an undivided 1/3 interest. Each can do with their interest as they please. There is no "majority vote." The only way one interest owner (whether owning 1/3 or 2/3) can cause the other owners to sell their... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My father in law passed away 15 years ago , my mother in law now wishes to sell the house they shared ( bought in 1989)

The deed is in both their names but apparently is not listed as joint tenancy or survivorship , can she sell the house since her name is on the deed and he passed or does it have to be probated from 2006 ( year he died ) (home value is approx 40k)

James Tack Jr
James Tack Jr answered on Jun 25, 2021

If the property was not in joint tenancy, your father's 1/2 interest in the property would have to go through probate in order to pass good title. His interest would go to his heirs at law if he died without a will or would pass to those named in his will. In either case, his interest would... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: If an adult sibling with children passes away, are his children entitled to the estate of their grandfather?

One of two siblings dies…are the children of the sibling that died entitled to their father’s portion of his father’s (their grandfather) estate?

James Tack Jr
James Tack Jr answered on Jun 3, 2021

I am sorry for your loss. I have assumed in your set of facts that your father died prior to the grandfather. If the grandfather had a will, his estate passes as provided in the will. The will must be admitted to probate to be effective. If he died with no will, the children of the deceased child... Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: If my husband and I purchased a home while married, but he’s the only one on the mortgage and deed, do I have rights?

He has accepted an offer and signed a contract to sell without my consent. Can he actually sell it? Is the contract binding?

James Tack Jr
James Tack Jr answered on May 17, 2021

If the property is a homestead both spouses (unless divorced or legally separated) must sign a deed or it is void.

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2 Answers | Asked in Real Estate Law, Probate and Small Claims for Oklahoma on
Q: Why can't lawyer tell me if my deceased friend left a Will. I am on all of his bank accounts.

I am beneficiary of two money market accounts and on his checking accounts. He had a woman living at his home who had undue influence on him. He was elderly and felt sorry for her. He had lawyer draw up a Transfer Upon Death to turn over his house to this woman upon his death. He died April... Read more »

James Tack Jr
James Tack Jr answered on May 10, 2021

Sorry for the loss of your friend. The transfer on death deed must be acceped by the beneficiary by filing an affidavit within 9 months of the date of death. If that is not done, the real property becomes property of the Estate. If that is the case, the estate would have to be probated for good... Read more »

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband and I along with my sister and brother in law are purchasing a piece of real estate together. The Grantor

has the deed as B & C, husband and wife and D & E, husband and wife, collectively, the Grantee's. Is that correct?

James Tack Jr
James Tack Jr answered on May 4, 2021

It is if your want to own the property as tenants in common, that is each owning a 1/4 undivided interest. If you want to own the property as joint tenants, you would need additional language specifying exactly who are joint tenants with whom.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I purchased a piece of property in my name only but was married at the time and now I am selling it does my spouse have

to sign on the warranty deed when I sell it?

James Tack Jr
James Tack Jr answered on May 4, 2021

Yes. Oklahoma statutes provide that no deed affecting homestead is valid unless signed by both the husband and wife. The effect of this is that if you are married and want to sell real estate in Oklahoma that both spouses must sign since a title examiner can't determine from the record if... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is my agent legally responsible for updating me regarding details regarding earnest money?

In attempting to purchase a large property, our closing date was extended numerous times. when we couldn’t get financing (a contingency on the contract) the buyer claimed that although the closing dates had moved, our original requirement to get funding in 75 days wasn't met and he was going... Read more »

James Tack Jr
James Tack Jr answered on Apr 29, 2021

It depends on the terms of the contract. Take it to an attorney to find out what it means .

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Oklahoma Co-ownership Forced Sale of Property

4 family entities own equal quarter of inherited home/property. Three parties want to be bought out or sell the property entirely. What can we do if the fourth party doesn’t want to do either? They are also living at the property for free, other than their portion of taxes and maintenance.

James Tack Jr
James Tack Jr answered on Apr 18, 2021

You can file a partition action. It is a fairly easy procedure. That suit causes the land to be divided among the parties and if it can't be divided, it is sold and the proceeds are divided among the owners. Each owner has rights to purchase the property at the sale if they wish. Contact a... Read more »

1 Answer | Asked in Real Estate Law, Libel & Slander and Native American Law for Oklahoma on
Q: they sold my deceased families land & oil & gas minerals without me lnowing and without my consent!

i have to pay everything back for mentioning someone who i caught in my properties. i never whistleblowed.i never wanted to sell proprties now what do i do?

James Tack Jr
James Tack Jr answered on Apr 16, 2021

There is not enough information here to answer. You don't say who sold the property and why. You don't say what monies you are having to pay back and to whom. You should assemble all of your documents related to this matter and consult with an attorney to determine what the issues are and... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Collections and Small Claims for Oklahoma on
Q: ) I have questions regarding the validity of a judgement in Canadian Co. from 2009 that according

To the title company would be subject to being satisfied from my portion of the real estate equity, just recently having acquired, in a joint tenancy along with my sister and one of their spouses, days prior to my moms death she requested we file a deed transferring ownership. The judgement is in... Read more »

James Tack Jr
James Tack Jr answered on Apr 15, 2021

Judgments can be liens on real property of the judgment debtor once they are filed of record. Generally, the lien lasts for 5 years but they can be extended for successive 5 year periods. You would have to consult with an attorney with all of your documents to determine if the judgment is still a... Read more »

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