My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... Read more »
The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right...Read more »
In Oklahoma, we close on a home purchase this Friday. Financing is approved but I just lost my job yesterday afternoon. Can we back out of the purchase without getting sued for 5% of the home value or losing escrow deposit?
You can quitclaim any interest you might own in a piece of property to anyone you choose. Whether the quitclaim deed actually conveys an interest in the property depends on whether you actually owned an interest in the property at the time. You'll also want to be careful that you don't...Read more »
1. You can transfer the house to your son and reserve a life estate for you and your wife. This strategy allows you to reserve the right to use and enjoy the property for the rest of your life and ensure your son receives it upon your deaths, without probate....Read more »
The deed is in his name and his wifes name. Originally it was my dad and mom's place, mom passed and dad remarried. unfortunately, the new wife got the property in right of survivorship, she died and it went to her kids who never even lived in the place. She had no will. Her kids have not paid... Read more »
If your dad and his new wife put the property in their names as joint tenants and he predeceased her, then the property would still be in her estate. In such circumstances, you do not have any legal rights to the property. The intestate heirs of your dad's new wife would be the owners, subject...Read more »
I am now trying to get a mortgage and the mortgage Companies underwriters want proof that this judgment is no longer collectible or enforceable. Would I need a lawyer to get that proof or is there any way to get proof that the judgment is no longer collectible?
Not sure of your question. But Life Estates, Remainders and Reversions can constitute the estate conveyances in any type of Deed. The Life Estate can and often does vest in possession when someone such as the grantor dies. I do not recommend you attempt to draft such an instrument. Instead...Read more »
My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »
Assuming the probate court issued an order declaring you as the new owner of the house (per the will), you simply need to file that order in the county where the property is located. Originally, your mother should have filed an Affidavit of Surviving Joint Tenant (with a death certificate...Read more »
Need to get ex boyfriend off quick claim deed. He lives in another state now and has nothing here. No mortgage, house is free and clear. Never filed with the county clerk here in Oklahoma. How can I get the property in just my name
You potentially have two easy solutions: get a quit-claim deed from the original grantor to you only and record it (best); or get the boyfriend to quit-claim his tenant in common interest to you only, then record both deeds in their chronological order. Otherwise you are left with adverse...Read more »
I’m sorry for your loss. You will have to probate her estate in the county where she resided when she passed. However, if you are her only heir, it should be relatively inexpensive and fast, especially if her entire estate was worth $200,000 or less.
her adult great children knew her wishes were for one of her daughters and her son in law (my mother and father) to have her house. The iems in the house went amicably to whoever wanted what. My parents lived in the house several times over the years and always kept the real estate taxes current.... Read more »
Probate will likely be necessary, but it should be cheap and quick. On the other hand, if the lot is the only property left in your grandmother's name and all of your grandmother's heirs agree to deed any right they may have in the property to your mother, you can likely avoid probate...Read more »
.62 Acre just off Kerr Lab Road Survey info but no visit and Appraisal asking $12,259. Oh I paid the owner $20. k back in 03 2018 (quick claim deed) 71 years old have made about $50. k improvements. What a challenge. Do not know how to use a firearm. Need to make decision by 29 or up for State... Read more »
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.
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 »
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.
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?
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.
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