What does that mean
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
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.
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.
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.
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??
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.
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?
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.
This varies greatly depending upon the use and whether the company has the power of eminent domain.
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 »
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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 »
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!
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.
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?
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 »
Property is unoccupied. Deed says lots 16, 17, 18. Trying to buy land from John Doe and he says he has to get Sue Smith to agree. I think Mr. Doe is in danger of losing his property if Ms. Smith wanted to take it from him since the deed is and/or. Please help.
There is no clear answer on "and/or" in a real estate title in Oklahoma. To pass good title, both John Doe and Sue Smith, and their spouses, if any, would have to sign a deed.
My mother died in '06 w/o will. Judgement was filed and recorded in Muskogee county, Ok in 2012 showing myself and only son of my deceased sister each being owner of 1/3 undivided interest. My deceased brother's 4 children were shown to have 1/12th undivided interest. Two of the owners of... Read more »
First and foremost, ask yourself if this were a stranger would you do it. If not, then do not do it just because they are family by some degree. Contracts are there to help keep friends friends, family family, etc.... Without one, you are often inviting trouble upon yourself. If they have good... Read more »
... where they want to , using county road right away in Roger's county oklahoma, then threatened me with sherriff to have me removed for voicing my opinion. It's not right, not fair, is this a law that just tramples the rights of property owner and not the fairly takes in account... Read more »
Utility easements are often written into the legal description of the land. Additionally, even if not, but they have record of the utility easement and that can be proven (which from my experience they usually have their information together before doing any work) - then yes they can without... Read more »
in Oklahoma
It depends upon the wording of the deed. Without specific wording they each own an undivided 1/3 interest. Each can do with their interest as they please. There is no "majority vote." The only way one interest owner (whether owning 1/3 or 2/3) can cause the other owners to sell their... Read more »
The deed is in both their names but apparently is not listed as joint tenancy or survivorship , can she sell the house since her name is on the deed and he passed or does it have to be probated from 2006 ( year he died ) (home value is approx 40k)
If the property was not in joint tenancy, your father's 1/2 interest in the property would have to go through probate in order to pass good title. His interest would go to his heirs at law if he died without a will or would pass to those named in his will. In either case, his interest would... Read more »
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