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Oklahoma Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My stepfather signed a disclaimer of interest in my mothers inherited property. She has put him on the deed
James Tack Jr
James Tack Jr answered on Apr 12, 2021

There is no question here. However, in all likelihood, the answer to the question is that one would have to look at the language of the deed and the disclaimer to answer the question. You should consult with a real estate or probate attorney and provide them with the documents.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How to get a certified copy of my deceased mom’s deceased husband’s death certificate.

Probate complete says my deceased mom’s property is now me and my siblings property. Realtor says her previously deceased husband’s joint tenancy removal requires a certified copy of his death certificate. There was a Quit Claim Deed on the land, and my mother was the last to pass.

James Tack Jr
James Tack Jr answered on Mar 25, 2021

You don't say who is the grantor and grantee of the quit claim deed, which could affect the answer. You should determine where your mother's husband died and request a copy from the appropriate governmental agency. If he died in Oklahoma, it is the Oklahoma Department of Health. You... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Can we build a fence on our property line? We’ve had it surveyed. We live in the country.

Neighbor had his own driveway before but has been using ours. We do all of the upkeep on the driveway and it is on our property. They have big equipment trailers and it’s pretty rough on the driveway. Just want to make sure we are ok before building our fence. He will have to rebuild his... Read more »

Jessica Brown
Jessica Brown answered on Mar 22, 2021

It sounds like you need a more in depth consultation with these facts. So much of this depends on how long they've been using the driveway, if they have another way to access their property, etc. Property questions are tricky and fact intensive.

Neighbor disputes are the worst...
Read more »

2 Answers | Asked in Real Estate Law for Oklahoma on
Q: In Oklahoma, do you have to have an attorney to file a Quitclaim Deed to transfer real property to a family member?
Richard Winblad
Richard Winblad answered on Mar 4, 2021

No. There is no legal requirement that a quit claim deed be prepared or filed by an attorney. However, people often do no complete even a statutory form correctly. Also, it is generally considered the unauthorized practice of law for someone who is not a party to the transaction to prepare it.... Read more »

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1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: sister defrauds my share of late moms house sales (1/3 of40k) sells house without my knowledge

I live in Oklahoma county, oklahoma. I was reading about your personal representative deed. my estranged sister sold my late mothers house without my knowledge or acceptance. I looked up the deed online and it lists a personal representative deed. how is this possible that she was able to sell my... Read more »

Charles Watts
Charles Watts answered on Feb 11, 2021

Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Son Died and theres no children and no wifes . No Will. How do I get a lawyer

How do get a lawyer in here ceres California son lived there in poteau Oklahoma

Charles Watts
Charles Watts answered on Feb 11, 2021

You will need to hire a probate lawyer in Oklahoma to resolve this. His estate will go through intestacy and if there are no spouses not heirs then it looks back to parents. A lawyer in CA will not be able to help you unless they are also licensed in OK.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Q: Can I rent out a house I own without a real estate license in oklahoma?
Charles Watts
Charles Watts answered on Feb 8, 2021

Yes - as the owner of the property you can sell or rent out the house without a license. I would recommend that you contact an attorney to assist you in drafting your rental agreements as there are specific items that you will want to include, and some items you may want to specifically exclude in... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: A person lives in a mobile home on their land. If the person dies, can the mortgage co. for the home take the land?

The land is paid for and has a clear title. The mobile home is being paid out to a mortgage company.

Anthony M. Avery
Anthony M. Avery answered on Jan 29, 2021

You definitely want a competent attorney to conduct a title search, now. Usually the Financing Statement for the mobile home is just secured by the home. even if it is a UCC filing at the Register's Office. I have seen some very fraudulent Deeds of Trust recorded from mobile home sales many... Read more »

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: Q_ Was in probate, but lawyer quit. I was given adm. of estate June24,2020. I need title & deed in my name

Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.

James Tack Jr
James Tack Jr answered on Jan 18, 2021

In order for good title to be in your name, the probate will have to be completed and the final decree filed in the county clerk's office. 16 O.S. 62 is part of Oklahoma Simplification of Land Titles Act. That Act generally allows a title examiner to rely upon decrees or deeds after they have... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: In a quiet title action that is filed do heirs have to make an entry of appearance to the court to retain their interest

in the land. If they don;t and tell the lawyer for the plantiffs is that good enough

James Tack Jr
James Tack Jr answered on Jan 18, 2021

Many quiet title suits are merely for cleaning up a title that everyone agrees on. However, some are not. The safest course is to file and entry of appearance and answer to the petition.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: Q_ Was in probate, but lawyer quit. I was given adm. of estate June24,2020. I need title & deed in my name

Guessing 2014 Oklahoma Statutes, Title 16. Conveyances, §16-62. Purchasers for value of real estate - Reliance upon status of title has what I need to aquire title & deed so I can borrow or sell property? I've been paying all the bills since Mar 2020 & property taxes.

James Tack Jr
James Tack Jr answered on Jan 15, 2021

15 OS 62 is part of the Oklahoma Simplification of Land Titles Act. Generally, it is a statute which allows title attorneys to rely upon final decrees or executor's deeds that have been filed of record for more than 10 years where nothing appears of record controverting the title. It allows... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Do I automatically own the home/mortgage if I am a non-occupant co-borrower when my parents pass?

If I sign as a non-occupant co-borrower with my parents on a mortgage, do I automatically own the home/mortgage when they pass? Or with them being co-owners will it have to go to probate or my siblings have any claim to it?

James Tack Jr
James Tack Jr answered on Jan 12, 2021

You do not become an owner because you co-signed on a mortgage. You do remain liable on the debt if it is not paid. Title to the home is determined by the deed into your parents, typically either as joint tenants or tenants in common. When they die there will have to be a probate for the title to... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: I was just curious as to if a journal can be classified as a "holographic" will?

The deceased journal consists of the owners name and has dates. Then also the journal is about their everyday life and ideas.

Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

It is not likely, but it is theoretically possible. Take the journal to a probate attorney to be reviewed.

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Civil Rights for Oklahoma on
Q: Can a non profit church who owns an apartment complex raise the rent for no reason ?

Especially when the place is falling apart

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My grandmother gave me property. I have been living on the property for almost 30 years. She passed. Need in my name.
Matt Fleischer
Matt Fleischer answered on Oct 28, 2020

I am sorry for your loss. The answer to this question depends on numerous factors, primarily how she "gave" you the property. For example, did she add you as a joint tenant, did she leave it to you in her will, etc. You should contact an attorney to discuss the situation. Most provide... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Oklahoma on
Q: I am buying a home in Oklahoma, if the tenant renting from the seller doesn’t move out can we evict quickly?

I’m buying a home for cash the seller informed me their friend living there is giving them trouble about moving out, if the sale finishes and the closing date comes, how do I get the tenant out? They have no formal lease

James Tack Jr
James Tack Jr answered on Oct 24, 2020

This should be a problem for the seller. When he sells it to you he is giving you possession. Don't close until the tenant is out.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Pay off and lien release

My late husband and I purchased a home and property before we were married his name was first then mine,the gentlemen we originally purchased the property from sold the contract to another individual, i contacted him so i could pay off the property and was told that i would have to do a quick claim... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

The answer depends on how the property is held under the contract for deed and terms of contract for deed. If it was in joint tenants you would be entitled to the property on his death, if in tenants in common, you and his heirs would own the property. You would not necessarily need to update an... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My sister refuses to sign for either of us to apply to become Administrator of our deceased brother’s estate.

To avoid probate, my sister has a friend in the real estate business that wants to do a quick sale on brother’s house. I’m leery. She told me to call “her” lawyer to get the details as to why I should go quick sale rather than probate. Her lawyer just happens to be the lawyer that... Read more »

Ilana Sharpe
Ilana Sharpe answered on Oct 22, 2020

It could perhaps be considered a conflict, however, there isn't a quick run around a probate. I've assumed this house is in Oklahoma. Assuming the house was titled solely in your brother's name, then there is no way to legally transfer title without an administration of your... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.

Ilana Sharpe
Ilana Sharpe answered on Sep 21, 2020

Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This... Read more »

James Tack Jr
James Tack Jr answered on Sep 16, 2020

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... Read more »

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