real estate

Why hire an Oklahoma Attorney to Prepare your Deed or Instrument?

Avoid mistakes with an Oklahoma Attorney prepared deed, mortgages, affidavits, transfer on death deeds and other documents prepared on a flat fee basis in Oklahoma.

Deeds to Revocable Trusts

Once a trust is created it must be funded. In the case of real estate this means that the person creating the trust transfers his or her real estate into a trust. Merely listing the property in the schedule of assets on a trust is not sufficient to accomplish funding. An actual deed must be prepared and filed in the county where the land is located. Trusts, if properly funding avoid probate.

Mineral Deeds and Mineral Deeds to Trusts

In Oklahoma minerals are considered to an interest in reals estate. To transfer minerals to another person or to a trust this is done by filing a deed with the legal description where the property is located. Many owners neglect to transfer their minerals into a trust.

Quit Claim Deed

A quick claim deed transfers all of the grantor’s interest in property to a grantee. However, the grantor does not provide any warranty to title to the property. If it turns out that the person had no title there is usually little restitution for the grantee. These are typically used in family gifting situations.

Warranty Deed

A person issuing Warranty Deed represent that he or she is owns the property free and clear of liens, claims mortgages, etc. Also that he or she has full power to convey the property and will defend the title thereto against all persons who may lawfully claim the same, and the covenants and warranty shall be obligatory and binding upon any such grantor, his heirs and personal representatives as if written at length in such deed.

Joint Tenancy Deed

This is a deed to two or more individuals for the same piece of land. Once the first dies the survivor files an affidavit of surviving joint tenant and take the property free of the deceased person’s claims. It also does not pass through the deceased person’s estate. Once the survivor dies, then it is subject to probate unless some estate planning has been accomplished. This is generally a very poor substitute for estate planning. See more information. Click Here for Help.

Affidavit of Surviving Joint Tenant

Once an person with title to the joint tenancy property dies, the survivor can file an affidavit of surviving joint tenant. This is a document that has certain information about the property, the date the original deed was filed, and the date of death of the decedent. An official death certificate is attached. Once this is filed, the deceased owner’s interest is removed. Click Here for Help.

Transfer on Death Deeds and Mineral Transfer on Death Deeds

The owner of real estate executes a Transfer on Death Deed and files it in the county where the property is located. When the owner dies the beneficiary files a Transfer on Death Affidavit and receives the same title that the previous owner had. There are drawbacks to this estate planning method. While it avoids probate there may be unintended consequences. When used property this avoids probate. Click to start form.

Transfer on Death Beneficiary Affidavit

If the beneficiary does not file the property paperwork within 9 months of the owner’s death, the property becomes part of the owner’s estate and subject to probate. The form includes the facts about the original filing of the Transfer on Death Deed along with facts and official records about the previous owner’s death. Click Here for Help.

Is Deed Preparation by an Out-of-State Attorney the Unauthorized Practice of Law in Oklahoma?

In Oklahoma the preparation of a deed for a lay person is considered practice of law. See Samara, 1986 OK 55 at ¶ 9. “Activities that constitute the unauthorized practice of law if performed by suspended or disbarred attorneys include assisting lay-persons in preparing pleadings;4 giving legal advice to lay-persons; writing contracts or selecting and filling out proper deed forms for lay-persons.” This appears to apply to attorneys and not individuals or companies who are parties to the transaction. Generally it is best for out-of-state attorneys to avoid the risk by retaining an Oklahoma licensed attorney to prepare real estate deeds for Oklahoma property.

Oklahoma Counties Served

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May 3, 2019 Richard WinbladEstate Planning

This company is building a 186-mile pipeline through Gavin, Stephens, Coal, Pontotoc and Murray Counties Oklahoma. Oklahoma

You have Constitutional Rights when Eminent Domain is Claimed

They must pay:

Value of what is taken.

Value to diminished value to the remainder of the property

Expect the Easement to be Forever!

As with most proposed easements there are onerous terms that can prevent the owner from building ponds, changing grade, planting trees or shrubs. 

As in all such cases, if an agreement is reached, there will be a one-time payment and no opportunity to re-negotiate the terms.

Don’t be Afraid to Say “NO” to the Initial Offer, or any offer.

In a similar pipeline project, another company paid a range from $180 to $745 per rod with an average of a 50 foot easement. The price obtained depended upon the nature of the property and the negotiation skills of the landowner.

Permanent means permanent.

An easement may prevent you from constructing or the loss of:

Paved roads, Buildings, Fences, Ponds, Pools, Wind Farms, Utilities,

Expect everything in the easement to be clear cut away.

Loss of trees, erosion issues, loss of privacy.

If there is no power of Eminent Domain, they cannot force their way across your land.

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This company is building a 186-mile pipeline through Grant, Garfield and Kingfisher County Oklahoma. Oklahoma

You have Constitutional Rights when Eminent Domain is Claimed

They must pay:

Value of what is taken.

Value to diminished value to the remainder of the property

Expect the Easement to be Forever!

As with most proposed easements there are onerous terms that can prevent the owner from building ponds, changing grade, planting trees or shrubs. 

As in all such cases, if an agreement is reached, there will be a one-time payment and no opportunity to re-negotiate the terms.

Don’t be Afraid to Say “NO” to the Initial Offer, or any offer.

In a similar pipeline project, another company paid a range from $180 to $745 per rod with an average of a 50 foot easement. The price obtained depended upon the nature of the property and the negotiation skills of the landowner.

Permanent means permanent.

An easement may prevent you from constructing or the loss of:

Paved roads, Buildings, Fences, Ponds, Pools, Wind Farms, Utilities,

Expect everything in the easement to be clear cut away.

Loss of trees, erosion issues, loss of privacy.

If there is no power of Eminent Domain, they cannot force their way across your land.

Share this: