My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... Read more »
answered on Jan 20, 2023
If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.
Deeded or willed. One of them lives on the 5 acres in the home where she had lived and had been there for about 5 years she has been deceased a year. No probate has been drawn up who has ownership of the property and can they sale all it or give it to another family member like a uncle or such?
answered on Dec 24, 2022
Probating the grandmother’s estate will be the quickest and least expensive route to take. Sooner is better than later.
answered on Oct 30, 2022
You must, get deed from the persons you purchased the home from. If this can't be done, consult a real estate lawyer to start a quiet title action.
We've been separated 7 years, divorce hasn't been filed, our property was put up for auction due to delinquent taxes, I managed to pay all taxes due & keep home. He has never tried to return to the home. He has legal obligations that also keep him from returning to the home. How do I... Read more »
answered on Oct 30, 2022
Since you're still married, both you and husband must sign deed to, New purchaser. Only way to remove him is through a divorce.
answered on Oct 15, 2022
Property division should have been covered in your decree. Majority of property division is done prior to decree additionally there is normally a clause in the decree when one person does not transfer title, usually within 30 days, then the decree can be used to get the transfer complete without... Read more »
Granddaughters started cutting down trees or branches on the land where her grandfather lives. (Part of the estate)
Can she get in trouble for that or fined?
She didn't come to the family to ask permission to do this.
answered on Sep 26, 2022
She has a right to cut trees on her own land. Other tenants in common might sue her for contribution or a partition.
In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home
answered on Sep 10, 2022
Could be for property taxes. Those are yearly regardless of a mortgage or not.
We have a contract to sell the property and the surveyor said part of home over property line. What can we do to be able to finalize sale?
answered on Aug 31, 2022
You are not able to sell the home, as you will be sued for warranty breaches and unmerchantable title. Hire a real property attorney, not a title company, to search both Titles and attempt to get a Boundary Agreement with the adjoining owner. You may have to pay him for the encroachment. Record... Read more »
So the lady about the house from died she had a guardian that’s trying to take me to court for the house and trying to quiet title I am representing myself I need to know how to respond to that quiet title
answered on Aug 29, 2022
If you believe you have an ownership interest, and/or live there, you will have to hire an attorney. Quiet Title Actions are usually complex. To start with, have you even searched the Title?
The realtor had scam artest investor do and inspection then he ask for a price reduction of $1000.00 I said no but the realtor trick my divorce into says yes and it closing it went for a $1000 less. So lost $500 on sale of house. I have huge emotion stress over this. I want to sue but she claim... Read more »
answered on Jun 12, 2022
Sorry, but I don't think that you have a case. The divorce court apparently approved the sale, and 7 years later your claim would be barred by the statute of limitations.
It's time for you to move on and get over this.
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.
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