Oklahoma Real Estate Law Questions & Answers

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?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Apr 12, 2019
Kyle Persaud's answer
Whether he can do this, depends on what was in the lease agreement.

Q: How can a family caregiver get the right to occupy a deceased mother's home

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Answered on Apr 5, 2019
Kyle Persaud's answer
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 deceased relative. You may have to go to the office of the county clerk to find this document.

Then look at the deed. When you look at the deed, ask the following questions:

1. Does the deed...

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.

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on
Answered on Apr 4, 2019
Kyle Persaud's answer
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 that language is in there, file in that state.

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?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Mar 15, 2019
Kyle Persaud's answer
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 tenancy at will." Okla. Stat. tit. 41 sec. 4. So, unless an exception applies, your landlord has to give you at least 30 days notice before she can kick you out.

However, state law also says, "When the time...

Q: In an Oklahoma property dispute case, can the Defendant's attorney file a property lien against Plaintiff's property?

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Answered on Mar 12, 2019
Kyle Persaud's answer
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 ruled in favor of the Defendant.

What should be done to remedy this, is to appeal the judge's order. If you appeal the judge's order, you may post a supersedeas bond. The posting of the supersedeas...

Q: Do we have a case?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Feb 13, 2019
Ben F Meek III's answer
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 able to buy out the family members that have interests. You and your husband should bring what papers you have relating to the property and any Wills his ancestors left behind and go see an experienced...

Q: what is best way to address property boundary dispute with adjacent property developer? Currently encroaching my prop.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Jan 27, 2019
Vincent Gallo's answer
You should have acquired a title insurance policy that is intended to address your dilemma.

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?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
Unfortunately, no. Unless your lease or rental terms state differently.

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?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
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.

Q: My sister forged my signature on property we inherited. I turned down an offer but check was in bank already. 2.2million

2 Answers | Asked in Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Richard Winblad's answer
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 should hire an attorney to review the situation. This is especially true if the contract was below market value.

If you don't want the deal, you should take steps now to prevent the sale...

Q: Spouse died in TX & willed property to spouse. What steps need to be taken to sell OK land still in his name only?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Jan 6, 2019
Richard Winblad's answer
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.

Q: I have a verbal lease with someone renting a room in my house. The SO has spent the night most nights for months.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
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 one night or never for example. Verbal leases are technically invalid with exceptions in Oklahoma. All interest in real property, which leases are a part of, must be in writing. Speak to the person...

Q: If judgement was in dads step brother cam we take him back to court

1 Answer | Asked in Family Law, Real Estate Law and Energy, Oil and Gas for Oklahoma on
Answered on Dec 30, 2018
Doak Willis' answer
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 appointment with an attorney and see that attorney and explain all the facts of the case. The attorney can better advise you then. If there was a judgment, you must see that attorney within 30 days in...

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?

1 Answer | Asked in Real Estate Law and Small Claims for Oklahoma on
Answered on Dec 29, 2018
Doak Willis' answer
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.

Q: What forms do I need to sale my land. Selling it for cash. Do I just sign over ownership? How is this done

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Dec 19, 2018
Doak Willis' answer
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 the contract is signed. Once the title opinion is delivered and marketable title is shown, you would need a warranty deed drawn from the sellers to the buyers. When the cash is received, the deed is...

Q: My husband and I owned property in Oklahoma joint tenant right of survivorship. Did I become sole owner up on his death

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Nov 29, 2018
Richard Winblad's answer
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 deed to you and your husband.

You might want make a plan so that your children or others can receive the property without the need of probate. A Transfer on Death Deed is one way. Here is a video:...

Q: My mother married a man and they lived in OK. He did not have a Will, 17 years later the two properties never probated.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Answered on Nov 15, 2018
Richard Winblad's answer
Sorry for your issues.

Unless your mother holds title to the property she cannot sell them. It sounds as though a probate would be needed. Depending upon the situation, your mother be required to share the inheritance with the husband's children (if not alive their descendants).

A summary probate process may be possible which would in all likelihood not require anybody to travel to Oklahoma.

In the meantime, Alabama may not hold the property to be a resource if...

Q: What does "Null & Void" mean? Does that absolve both parties of the lease and if so would I be liable for rest of year?

1 Answer | Asked in Business Formation, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
That would mean the contract has become inoperable due to a term thue each party being released from the contract.

Q: Can a seller sign two contracts for the same property. The first being a contingency contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
No one is responsible for anything since there was no damages to anyone under the contract. The second buyer ran out of money and couldn't get financing in order to purchase the property. The seller hasn't suffered damages since obviously the second contract had a contingency for financing in it no doubt.

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