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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Civil Litigation, Probate and Real Estate Law for Oklahoma on
Q: My question is in;More information:

"How to answer the attached petition when served a summons as defendant( named the unknown heirs, Successors and assigns, immediate and remote of[ name of deceased] and[ name of person served], if living, and if she be deceased, then her unknown successors, heirs, and assigns, immediate and... View More

Richard Winblad
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Richard Winblad
answered on Oct 3, 2017

Sorry, your question is difficult to answer without more information. You should consult an attorney.

1 Answer | Asked in Real Estate Law and Construction Law for Oklahoma on
Q: How can we find out if a lien was filed on our property? If it's a false lien how can we get it removed?

We live in Garvin County, OK. a person graded our gravel driveway in lieu of pasture rent. But when the pasture lease was terminated at the end of the lease period, he said we owed him money for the grading. But according to the lease agreement, the grading was supposed to be done as needed in... View More

Richard Winblad
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Richard Winblad
answered on Oct 3, 2017

Sorry for your problems,

You can search here to see if a lien was filed:

https://okcountyrecords.com/search/garvin#advanced-search

If there was contact an attorney about your options. Too many to explain here.

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Changing Joint Tenancy Warranty Deed after passing of last right to survivorship.

I understand there are two methods for terminating a joint tenancy in Oklahoma. First, the surviving joint tenant(s) can petition the district court for an order terminating joint tenancy. Second, the surviving joint tenant(s) can file an affidavit in the county land records. If I use the Second... View More

Richard Winblad
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Richard Winblad
answered on Oct 3, 2017

This is a fairly simple affidavit, most county clerks (not court clerks) will have the form. If not contact an attorney who can prepare one for you for about $150.

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: My wife was verbally willed a house by mother. The house is in mother and father's name. Now father is kicking us out.

We have witnesses over verbal will. My father in law gave power of attorney to my sister in law. Now she's kicking us out. Do we have any recourse? Do we have any ground to stand on?

Richard Winblad
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Richard Winblad
answered on Oct 3, 2017

Oral Wills: Are invalid. It does not matter how many times someone might have expressed their intention regarding how or to whom property is to be distributed; a person without a written Will or Trust is considered intestate. In Oklahoma, the only narrow exception is an impoverished soldier’s... View More

1 Answer | Asked in Civil Rights and Real Estate Law for Oklahoma on
Q: How do I file a quiet title and is there a form I can get to fill out?
Richard Winblad
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Richard Winblad
answered on Sep 25, 2017

Sorry you are having this issue. Unfortunately, a quiet title lawsuit tends to be very complicated. As a result, there is not a simple form to utilize. You should seek the advice of an attorney in the county (or nearby county) where the property is located. This is not something that can be... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I refinanced my house after 12 years. Can old lender charge a prepayment penalty in Oklahoma
Vincent Gallo
Vincent Gallo
answered on Sep 13, 2017

Your Note will provide you with that answer.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: how to transfer title to property if both on title are deceased or transfer to next of kin

they both past away and the family is wondering how to transfer title to next of kin on the mothers side. the store building is located in purdy, okla.

Richard Winblad
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Richard Winblad
answered on Sep 7, 2017

If there was no Trust or Transfer on Death Deed you are probably looking at Probate. Depending on the situation a summary probate might be appropriate. The question merits a visit with an attorney in your locality.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: Hi, I am trying to understand the legal rights as owner with other individuals, regarding a residence & commercial pro

there are tenants in the commercial and we were due a portion of the rent and have not

Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

Without more facts this is difficult to answer. If there are profits, you are probably entitled to them. You should be entitled to an accounting for the income and expenses from whoever is managing the property. If you are dissatisfied you, as a tenant in common, have an absolute right for... View More

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Oklahoma on
Q: I have mineral rights that I want to sell that were passed down to me but the buyer says I have to file a quiet title.

What does this mean cost write

Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

Are you sure that he didn't say probate?

You are probably headed to probate. The good news is that if any of the following apply, you may be eligible for a fairly inexpensive summary probate that can be wrapped up on about 90 days:

-the total value of his assets in Oklahoma is...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: If a deed is titled as and/or between spouses and 1 spouse dies, does the property automatically pass to the survivor

My spouse and I own three properties, but the deeds are listed as "and/or". He also has an adult daughter from a previous marriage. If he passes without a will, will I be able to keep the properties or will she have a claim to them as well as the property that is solely in his name. Of... View More

Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

This all depends on how the property was titled. If it asi "joint tenants with rights of survivorship" all that is needed is an affidavit of surviving joint tenant. Otherwise, you may have owned the property as tenants in common which may mean that the stepdauther may be entitled to a... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I live in Oklahoma. Can I give some of my land to my sister or does she have to buy it from me?
Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

If you give property away for less than fair market value you may have issues with:

-Gift tax return

-Medicaid eligibility

-SSI eligibiity

You may also inadvertently disqualify her for Medicaid, SSI and other benefits.

There are other issues you may wish to consider.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Q: We have a RLT in California. Can we transfer our Oklahoma land to it Preliminary change of ownership and grant deed ?

Basically how to tx small undeveloped land to our trust made in CA. And comply w OK statutes.

Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

This is really simple. Just need the owners names, trustee names, name of the trust and date of creation, legal description and filing fees. Really inexpensive to have an Oklahoma compliant deed created by an attorney.

1 Answer | Asked in Real Estate Law, Elder Law and Federal Crimes for Oklahoma on
Q: WHAT DOES IT TAKE TO RESCIND A DEED IN OKLAHOMA? MY DEED WAS DIVIDED AND NOT ALL PARTIES WERE PAID.

JOINT DEED, ONLY ONE PERSON GOT PAID, PARTY "A" QCD TO PARTY "B", THEN PARTY "C" REFUSED TO PARTICIPATE. IT WAS ABOUT MINERAL ESTATE IN OKLA

Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

Your question is not really clear. Sounds like Party C did not sign any deed. Party A can sell only his/her own interest. If these are mineral interests Party C should be unaffected by A's deed.

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Oklahoma on
Q: Prents moved to assisted living. Can the state seize their home for payment even if I am also on the title?

Oklahoma

Richard Winblad
PREMIUM
Richard Winblad
answered on Aug 23, 2017

Sorry your family is facing this issue.

If your parents are receiving Medicaid benefits there is a potential that the State may want to place a lien on the property. There are many factors to consider including timing of your name being added to the title and who contributed funds....
View More

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Oklahoma on
Q: I live in oklahoma and need to know if I can put my marital home up for sale without my husbands (soon to be ex) consent

we have been separated since April and I can not afford to file divorce yet. He is currently 3 months behind on house payments and my credit union advised me yesterday they can reposes my car because he is behind. I need to know if i can post it for sale right now before it is foreclosed?

Ben F Meek III
Ben F Meek III
answered on Aug 3, 2017

You could sell your interest in it, if you could find a buyer (you can't) but if both of you are on the title, both of you will have to consent to a sale. If he's not living there and doesn't want to make the payments, maybe he will participate. The mortgage will have to be paid from... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: our yard has a layer of asbestos siding buried about 3ft down. Should that have been disclosed when we purchased it?

We bought our home in 2009. There was a tree pushing our retaining wall out (making it fall). We removed the tree. We had to dig into the dirt to get the root system out. This is when we discovered the layer of shingles buried. This was not disclosed when we bought the home. Is the estate we... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jul 14, 2017

According to the Oklahoma Real Estate Commission, the seller must priorly disclose the presence of any hazardous materials that they know of on the property, including asbestos. However, the seller is exempted from legal consequences if they were not aware of the existence of such materials on the... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I am listed on the deed to my home as joint tenancy with my parents and brother.

they have all passed away. I am ready to sell the home, is it required that I file for an updated deed with Affidavit of Surviving Joint Tenant in my name only? I have all 3 certified death certificates.

Ben F Meek III
Ben F Meek III
answered on Jun 7, 2017

If you are the last surviving joint tenant, all you should need is to sign and record the correct Affidavit of Surviving Joint Tenant (or Affidavit of Termination of Joint Tenancy). The affidavit notifies the world that you are the only remaining owner. You shouldn't need a deed unless there... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How do you correct a deed which was filed and a typo was made in the legal description?
Vincent Gallo
Vincent Gallo
answered on May 21, 2017

In New York, at least, one would record a correction deed in order to correct a ministerial error such as this.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I refinanced my home in 2012 and my boyfriend is on the loan and deed. We have broken up and he moved out of state.

He won't sign a quit claim deed. Is there anything i can do to get him off the deed?

Vincent Gallo
Vincent Gallo
answered on May 20, 2017

You could attempt to assemble all the facts so as to prove an equitable form of ownership and only hope that you achieve success. This would, however, require your bringing a lawsuit.

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