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My husband passed away and I need to get is na. Sequoyah…

Customer Question
My husband passed away...

My husband passed away and I need to get is na

Lawyer's Assistant: Where is the property located?

Sequoyah County

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has kids that I don’t want to have anything

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 3 minutes by:
1/4/2018
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,101
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

I think your question and comments got cut off.

What is it that you are wanting to do here?

And what state are you in?

Thanks

Barrister

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Customer reply replied 7 months ago
Ok
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

I think your question and comments got cut off.

What is it that you are wanting to do here?

And what state are you in?

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Customer reply replied 7 months ago
How to get this propert in just my name
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Are you currently on the deed along with your spouse?

.

Or was he the only one on the deed?

.

If you are on the deed, does it say "joint tenants with right of survivorship" or similar language in the deed?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
No it does not and between our names
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Ok, I am guessing you are in Oklahoma, based on the county you mentioned...

.

1. Does the deed read "His Name and Your Name" on it?

.

2. Or does it read "His Name OR Your Name" on it?.

.

3. Has anyone filed a probate case to settle his estate in the local court?

.

.

thanks

Barrister

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Customer reply replied 7 months ago
1
Customer reply replied 7 months ago
No I haven't I owe money on it and didn't know if his children has legal rights
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Ok, that language would mean that you own it as "tenants in common"... so you each owned 50% of the house. His 50% would now pass to his estate. If he had a will that would control who inherits his 50%. If he didn't have a will then OK state law controls. If that is the case, then you split his 50% with the children giving you 75% and them 25% of the house.

.

But the only way to get this resolved is to file a probate case in the local courthouse and settle his estate..

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Real Estate Lawyer: Barrister, Lawyer replied 7 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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