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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: is there a time limit to record a deed

I had bought some property about 5 years ago in I never recorded

Anthony M. Avery
Anthony M. Avery answered on Jan 28, 2020

Generally there is no time requirement to record a deed. But waiting 5 yrs. will allow numerous types of deeds, liens, judgments, etc., to be filed in that County and take precedence, or even the entire property from you.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Brother trying to probate estate my mom left me

My mother passed away in 2016 prior to mother passing she put me on the deed. My mother had wishes to keep the land and allow any of the children to live there which we have done. there is nothing documented it just something my mother wanted. My brother is saying he is going to have the land... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

If the property was deeded to your mother and yourself as joint tenants, then you would file an affidavit of surviving joint tenant along with an official death certificate. The property is then yours and the probate court would have no authority to probate the property.

If your mother...
Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: My Mother died and left her condo to her 6 children. Several children have died. How do we sell the Condo?

My sister lived in the condo for several years and has died with no children and no will.

Some of the other siblings had children that we are unable to locate. How do we get out from under this condo because it’s not worth much and is costing us money for HOA and taxes?

Doak Willis
Doak Willis answered on Jan 8, 2020

A probate of your mothers estate must be filed and finished to clear up the ownership interests in order to dispose of the property.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My friend had passed away and left me a piece of property her son sold her house next to the property and just gave the

Her son just gave the new owners that lot that was mine what do I do about it

Doak Willis
Doak Willis answered on Jan 8, 2020

Did your friend give you a deed to the property you say he/she left to you? If not, you don't own the lot.

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...
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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...
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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 »

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