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.
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.
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 »
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?
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 »
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.
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 »
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.
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?
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.
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.
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 »
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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