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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If a man leaves property to his children in the deed, but later marries, would it also be shared with his widow?

My husband ( who was divorced) and his sister owned property jointly back in the 80s. The deed said if either of them died, the property would go to the children of the deceased person. Later he married me and we have lived together for 25 years. He never thought to change the wording of the deed.... View More

Richard Winblad
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Richard Winblad
answered on Dec 19, 2017

This is great question but to answer it an attorney would need to see the deed and know other facts. For instance, did you occupy the property as your homestead? You might be entitled to a forced spousal share, or a marital homestead. If the property is valuable consult an attorney.

1 Answer | Asked in Tax Law and Real Estate Law for Oklahoma on
Q: I have paid for years of delinquent taxes on property can I get the property
Richard Winblad
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Richard Winblad
answered on Dec 19, 2017

That depends. You might have a claim for adverse possession if you have occupied it for 15 years. Paying taxes, in itself, does not bestow title upon you. I'm guessing that the property belonged to a family member. You may need to file probate to clear the title.

1 Answer | Asked in Probate, Divorce and Real Estate Law for Oklahoma on
Q: Ex spouse awarded residence Grandma left us as joint tenants. Will in probate. Quit claim to property w/o title legal?

Girlfriend and I moved in with my Grandma to care for her in 2013. We got married and grandma changed will naming us as joint tenants. Grandma died in 2015. Ex filed for divorce 2017. Can Judge award her my grandma's home forcing me to quit claim for property still in probate that title to is... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 17, 2017

The property will be awarded to both of you. You might try to get the house sold in the probate court. Generally the house would be considered the separate property of each of you in the divorce. You should consult an experienced probate and family law attorney, for help with this problem ASAP.... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I think my dad's family is trying to sell his land illegally, and I feel as his next of kin, the land should be mine.

In 2011, my dad signed a quitclaim deed over to his nephew, giving him a house and five acres in Oklahoma. The nephew never tried to sell the property, until a month after my father passed (July 2017). I didn't claim the land because I thought the quitclaim deed was legal. But, last weekend,... View More

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

To answer this question a copy of the deed needs to be reviewed. Vesting full title in the nephew might depend upon the form used.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I have a house titled in my parents' names, both are deceased, went thru probate- can I sell as their rep ?

This is 3rd time I've submitted this question- just trying to determine if I have to get the title in my name in order to sell, & if so, how to do that?

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

If the final order distributed the property to you alone then you can sell it as your property. If the probate is not completed then you will need an order from the court. You should hire an attorney to assist you with this issue if it is more complicated that that.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: two sisters owned OK land and 75% mineral rights to that land. Both are now deceased. Each sister had 4 children. All 8

now own equally and are working together to sell property but keep 75% mineral rights. Other 25% of mineral rights are in an unrelated, deceased couple's name and, as far as we know, have no known (recorded) descendants. The couple's will allowed MR to go to current owners if they had no... View More

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

This is more of a probate question.

It is likely that a probate is needed in order to get property into the names of the sisters' decedents. If the other couple were relatives, it is possible that the sisters' children may be entitled to that as well. You should visit with a...
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1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Oklahoma on
Q: With a special warranty deed can you have a reservation without using the word excepting or reserving if there's a lease
Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

Your question seems to ask whether the type of deed impacts the ability to reserve a mineral interest (not given to the grantee). The answer is no, any type of deed can reserve a mineral interest. Also there is no requirement that there be a current lease in order to reserve a mineral interest.... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am co owner of property with my husband and his uncle. He is trying to force us to sell it , we have been served with

a petition to partition. If my husband and I don't want to sell, can he force us. We have right to survivorship in the state of Oklahoma

Richard Winblad
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Richard Winblad
answered on Dec 11, 2017

If your property is owned jointly the uncle has the right to partition. There are several strategies that you may want to use to either preserve the property or minimize your losses. You should visit with an attorney for suggestions.

1 Answer | Asked in Family Law, Real Estate Law and Probate for Oklahoma on
Q: I have a half brother. He has a full blood sister. Would I be entitled to any of his estate when he dies?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

In Oklahoma, when a person dies without a will, the estate passes to his spouse, and children first. If none, then to brothers and sisters. Adoption does not matter, nor does half blood.

Please visit my website, www.garyjdean.com for information on Oklahoma law. Then, at the bottom of the...
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1 Answer | Asked in Civil Litigation and Real Estate Law for Oklahoma on
Q: i gave a family member $9000 down on a home she wanted 15000 now she says she is selling it to someone else to get out

can she do that i was to pay the rest when i got the rest of my ssi backpay she says she will give me some money when she sells it i put 3000 in work for plumbing electrical paint etc what can i do we had no paperwork i just have phone messages

Doak Willis
Doak Willis
answered on Nov 13, 2017

Generally oral contracts for the sale or purchase of real property are not enforceable because of the statute of frauds which states those type contracts must be in writing. There are exceptions to this rule which are long and hard to explain in this type post. You need to seek an attorney now and... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband has always paid property taxes on land he owns with his brother. Can we remove him?

The property taxes comes in all three names. (Their dad has since passed). The land was passed down to them.

Doak Willis
Doak Willis
answered on Nov 13, 2017

If title to the real estate is in both of their names, they would probably hold title as tenants in common if it came down through probate from their father. Since their names are both on the title to the real property, the only way to remove another owner would be through a partition action where... View More

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: my dad died in colorado 2006. my mom died in 2017 and willed me land in oklahoma it is titled in mom and dads name.

dad did not leave will. my brother is named executor of will what do we have to do?

Richard Winblad
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Richard Winblad
answered on Oct 23, 2017

Sorry for your losses.

The first step is to figure our how the land was titled. In most counties deeds are available online either free or for a small fee.

In order to get the property in your name, an Oklahoma probate court must enter an order doing so. Unfortunately, this...
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1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: Can I pay off contract for deed early
Richard Winblad
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Richard Winblad
answered on Oct 23, 2017

Probably, one would have to take a look at the provisions of the contract. If you do so, make sure that the owner grants you a quit claim deed or a release of the contract for deed lien. Otherwise, it may remain as a title issue for years to come.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Oklahoma on
Q: If only husband is listed on a nonhomestead deed, does wife have to sign when husband is conveying deed to a grantee?

This is a special warranty deed, on a 40 acre piece of vacant land.

Richard Winblad
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Richard Winblad
answered on Oct 22, 2017

Technically no if it was inherited or property owned before the marriage. However, a title company or good attorney would want the spouse to join in the deed to remove any possibility of a homestead, joint industry, or other claim in the future.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: My brother was the trustee of our trust and dissolved it in 2013. But now us beneficiaries got a summons on the house

He dissolved the trust saying it was broke and had no funds. Are the rest of us responsible for the loan on that house and the taxes owed? He is the only one who benefited from any of the funds or property our grandmother left. We did not have any way of knowing what he was up to.

Richard Winblad
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Richard Winblad
answered on Oct 16, 2017

You have a two part question:

1. Unless you signed a note, you are not personally liable for the debt. Still the mortgage holder can foreclose on the property.

2. You are also not personally liable for the taxes. But if the taxes are not paid the property will be sold at a...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can i being a Arkansas resident, buy a house in Oklahoma? if so any major drawbacks.
Richard Winblad
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Richard Winblad
answered on Oct 16, 2017

Yes you can purchase a home, real property or mineral interests. There shouldn't be any "legal" drawbacks to that form of ownership.

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: selling my moms house AS IS, buyers contract say they have 10 days after closing to backout, is this normal in okla

I have not signed the contract yet

Richard Winblad
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Richard Winblad
answered on Oct 16, 2017

This does sound strange. Closing is when title is transferred and you are paid. Inspections should occur prior thereto. A buyer is usually allowed to back-out of closing if the property requires a certain dollar amount of repairs. I'd be very careful and have it reviewed by an attorney... View More

1 Answer | Asked in Contracts, Family Law and Real Estate Law for Oklahoma on
Q: A 3 PARTY JOINT TENANT WITH SURVIVOR DEED WITH MINERALS. WHEN PARTY "A" QCD TO PARTY "B" , HOW MUCH DOES PARTY "C" OWN ?

HOW MUCH DOES PARTY "C" OWN ? IS IT HALF OR THIRD ? AND IF THE DEED HAS BOTH SURFACE AND MINERALS ON IT DOES IT APPLY TO BOTH ?

Richard Winblad
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Richard Winblad
answered on Oct 12, 2017

For your answer I am going to assume that the deed to the three people did not give one a greater share than any other. In that case, C would own 1/3 under the facts presented. If A died instead of deeding the property to B, then B & C would own 1/2 each if it was a Joint Tenancy with right... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I bought a house as a single woman and now want to put the deed in both our names as H&W JTs. Will a Warranty Deed work
Richard Winblad
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Richard Winblad
answered on Oct 12, 2017

Yes, but in most cases a simple Quit Claim Deed is appropriate. However, there may be good reasons not to add a loving spouse to property you own. His financial or tax issues may become liens on your property. You should consult an attorney before taking such a step.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: What forms do I need to fill out to add my wife to my house deed in Oklahoma?
Richard Winblad
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Richard Winblad
answered on Oct 12, 2017

There are several options to adding an individual on your property. But we should start with the question of "Why is it important and what are you attempting to accomplish?"

If you just want to make sure that she inherits it, this can be done with a Will, a Trust or a Transfer on...
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