answered on May 19, 2022
If they have a utility easement then yes they can clear the trees out.
My mother is 80 she has been taking care of her parents property with the help of me and my siblings for many years. Her father died in 1966 and mother in 1985. They died with no will in place. Since that time she has paid the property taxes and all upkeep. She had 4 siblings all deceased now. None... Read more »
answered on Feb 15, 2022
She should consult with an estate planning/ real property attorney. It is likely you will need to obtain deeds from the children of her siblings, file one or more probate cases, a quiet title suit or some other action to resolve the issues created by the length of time since her father's... Read more »
answered on Jan 28, 2022
Assuming there is sufficient equity and a certain title, any tenant in common can file an Action for a Sale For Partition.
Bought a house for son to live in while in school. I'm now selling him the house. Is there any reason to have abstract done again?
answered on Jan 23, 2022
Generally, the answer would be no. You should know everything that has happened to the title of the property. If he is borrowing money from a bank, they will require updated insurance.
answered on Jan 23, 2022
A mortgage is sufficient to secure an indebtedness. Deeds of Trust are not used in Oklahoma. If there is one it is simply treated as a mortgage.
What does that mean
answered on Nov 29, 2021
If the memorandum of trust was done after the death and the property was never transferred to the trust, the memorandum would not be effective. If the property was not transferred into the trust before death, an estate proceeding will have to be instituted to transfer good title to the property.... Read more »
The probate was placed in probate and ordered to be sold and hasnt zold and its been 2-1/2yrs since court order
answered on Nov 7, 2021
You should contact the attorney who is handling the probate. If you don't feel like you are getting anywhere, you should consult with your own attorney to resolve the matter with the estate.
answered on Nov 5, 2021
I don't practice in this area, but you may want to review.
https://law.justia.com/codes/oklahoma/2016/title-41/section-41-111/
But my issue is that it’s no a true easement shared by other lots. It’s all on mine. Can I fence it off legally. I don’t mind a equally shared easement just not all on mine.
answered on Oct 29, 2021
It depends on what type of easements exist. If you got a title policy , it should have a list of easements. Otherwise you need to have the title reviewed to determine what rights you and others have. Contact a real estate attorney.
But my issue is that it’s no a true easement shared by other lots. It’s all on mine. Can I fence it off legally. I don’t mind a equally shared easement just not all on mine.
answered on Oct 29, 2021
It depends on what type of easements exist. If you got a title policy , it should have a list of easements. Otherwise you need to have the title reviewed to determine what rights you and others have. Contact a real estate attorney.
So he died very suddenly and without a will. We are both on the lease. A lot of stuff he gave me when he moved in. The problem he is his ex wife wants to just come in my home and take what she deems his for his kids. What are my options??
answered on Oct 24, 2021
Contact a probate lawyer as soon as you can because there are specific laws in how belongings are transferred upon death without a will.
one of the grantees is offering the property for sale. Can they legally sell it to me? I don't know if that "or" is valid on a deed.
answered on Oct 22, 2021
The person can sell you his/her 1/2 interest. You would own it with the other party. There is no definitive answer for a "and/or" designation in Oklahoma insofar as it concerns real property. If you want all of the property you must get both of the grantees to sign the deed. If either... Read more »
Does Betty Rainwater retain any of the land?
Does Susan Rainwater get one half of the land?
answered on Oct 21, 2021
Generally, a quitclaim deed conveys all of the interest of the grantor at the time of the conveyance. However, it all depends upon the actual terms of the deed. You will have to have the deed reviewed by an attorney.
answered on Oct 14, 2021
This varies greatly depending upon the use and whether the company has the power of eminent domain.
answered on Sep 16, 2021
Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... Read more »
l
answered on Sep 15, 2021
I am sorry for your loss. Wills are not effective until they are admitted to probate. The probating of a will determines that it is in fact the decedent's last valid will. In the absence of a valid will, the property is owned by all of the heirs at law. Whether there is a will or not, in... Read more »
They were legally married but he has not lived in the home since she passed, has a new girlfriend. My daughter and I have been in the home. He now wants me to move out without reason. I am my mothers only child and he signed a quit claim deed to my mother. Where do I stand with this. She didnt have... Read more »
answered on Aug 18, 2021
If he signed a quit claim deed assigning his interest to your Mom then the house belongs to her. You should get a probate on file asap. As her only child you are her natural heir and the house should go to you but you have to have a Court determine that. Good Luck!
answered on Aug 16, 2021
Not enough information to answer . What is your relationship to the house? Who are the owners? Who is in possession of the house? Contact an attorney to discuss the details and determine a course of action.
My mom and dad own my mobile home here in Oklahoma City. My dad passed away about five years ago and my mom wants to know what we need to do to put in my name.
answered on Aug 15, 2021
It depends on how things are set up. If it is for the land that the trailer is located that could be a simple quit claim deed. If there is a lender involved then you will have to deal with them directly.
Can my brother sell the home?
answered on Aug 13, 2021
You will want to consult with an attorney in person with all the details. However, he can either sell you his portion or he can file an action for it to be sold if you cannot buy him out. However, generally he cannot simply sell it without you consent since you are also on the deed. However, you do... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
