Internet Lawyers Unite!

Posted 617 day(s) ago by drumhead23us2423 Views 73 Replies
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  1. #51
    Originally Posted by SpankyNek View Post
    Was the house purchased before or after the marriage?
    does anyone read anymore?

    and the house was purchased well before they met

  2. #52
    Originally Posted by ArbySooner View Post
    Questions..

    How does one be on the title/ deed but not mortgage (and vice versa)?

    "She doesn't need the house.."

    What does she plan on doing? Why waste $90k+ on equity if it can be avoided?
    Usually, you can't be in title and not on the mortgage. But it does happen and usually the spouse that is not on the mortgage must given written consent to the other spouse to mortgage the property. Lenders will sometimes do that if one spouse has horrible credit.

    Another way is that somebody bought a home and put a mortgage on the property as a single person, then gets married and files a deed adding the spouse to the property.

    If a spouse is not in title, then sometimes the lender will require that the spouse at least be named on the mortgage since she has a martial interest in the property

  3. #53

    Re: Internet Lawyers Unite!

    Originally Posted by kssooner View Post
    Usually, you can't be in title and not on the mortgage. But it does happen and usually the spouse that is not on the mortgage must given written consent to the other spouse to mortgage the property. Lenders will sometimes do that if one spouse has horrible credit.

    Another way is that somebody bought a home and put a mortgage on the property as a single person, then gets married and files a deed adding the spouse to the property.

    If a spouse is not in title, then sometimes the lender will require that the spouse at least be named on the mortgage since she has a martial interest in the property
    Ah, I see. I was under the impression that to add your spouse to deed that they had to be on mortgage too.

  4. #54
    McRib's Avatar
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    Originally Posted by drumhead23us View Post
    Thanks guys and gals.
    Check your box.

  5. #55
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    Originally Posted by McRib View Post
    Check your box.
    There's no need to be rude.

  6. #56
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    Originally Posted by smot poker View Post
    There's no need to be rude.
    Check yers, too.

  7. #57
    Originally Posted by ArbySooner View Post
    Ah, I see. I was under the impression that to add your spouse to deed that they had to be on mortgage too.
    Lenders would obviously prefer that and I've read clauses in mortgages that require consent from the lender if anybody is added to the title of the property, but people don't think about that.

  8. #58
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    Originally Posted by McRib View Post
    Check your box.
    Right here, in front of everyone? //blush

  9. #59
    She is entitled to a life estate in the residence, regardless of how the property is titled.


    Title 58 § 311 . Homestead - Property to be Delivered to Family
    Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, until it is otherwise disposed of according to law; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other property of the decedent and shall be included in the decree of distribution. And in addition thereto, the following property must be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely:
    1. All family pictures.
    2. A pew or other sitting in any house of worship.
    3. A lot or lots in any burial ground.
    4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00).
    5. All wearing apparel and clothing of the decedent and his family.
    6. The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year.
    7. All household and kitchen furniture, including stoves, beds, bedsteads and bedding.
    No such property shall be liable for any prior debts or claims whatever.

  10. #60
    better read that carefully


    Originally Posted by coolmojo View Post
    She is entitled to a life estate in the residence, regardless of how the property is titled.


    Title 58 § 311 . Homestead - Property to be Delivered to Family
    Upon the death of either husband or wife, the survivor may continue to possess and occupy the whole homestead, which shall not in any event be subject to administration proceedings, except as in this title provided, UNTIL IT IS OTHERWISE DISPOSED OF ACCORDING TO LAW; and upon the death of both husband and wife the children may continue to possess and occupy the whole homestead until the youngest child becomes of age. The title to the land set apart for the homestead property shall pass, subject to the right of homestead, the same as other property of the decedent and shall be included in the decree of distribution. And in addition thereto, the following property must be immediately delivered by the executor or administrator to such surviving wife or husband, and child or children, and is not to be deemed assets, namely:
    1. All family pictures
    2. A pew or other sitting in any house of worship.
    3. A lot or lots in any burial ground.
    4. The family Bible and all school books used by the family, and all other books used as part of the family library, not exceeding in value of One Hundred Dollars ($100.00).
    5. All wearing apparel and clothing of the decedent and his family.
    6. The provisions for the family necessary for one (1) year's supply, either provided or growing, or both; and fuel necessary for one (1) year.
    7. All household and kitchen furniture, including stoves, beds, bedsteads and bedding.
    No such property shall be liable for any prior debts or claims whatever.

  11. #61
    Originally Posted by 87sooner View Post
    better read that carefully
    Doesn't matter if it is titled in his name only, she has a life estate. Unless it was titled as a joint tenancy with right of survivorship, which original poster indicated it wasn't.

  12. #62
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    Originally Posted by drumhead23us View Post
    OK. I know she's not on the title, and I don't even think she was on the rights of survivorship thing, even though I didn't think that was possible in OK. Maybe that's just if the married couple buys a house together?

    So what I'm hearing is that it's up to her to decide to do the probate thing. What happens if she doesn't? The bank just takes the house and the car, etc.?

    Also, his life insurance paid out a hefty sum, so she's set. She doesn't need the house or anything else.

    Is she also having him cremated ASAP?
    2 users like mexican/ninja's post: KCRuf/Nek, SoulRebel


  13. #63
    Originally Posted by coolmojo View Post
    Doesn't matter if it is titled in his name only, she has a life estate. Unless it was titled as a joint tenancy with right of survivorship, which original poster indicated it wasn't.
    the statute you posted says "the survivor may continue to possess and occupy the whole homestead UNTIL IT IS OTHERWISE DISPOSED OF ACCORDING TO LAW"....
    that means until the estate is settled in court.....it doesn't mean the rest of the survivor's life....
    if the deceased has a will....and the homestead is bequeathed to the deceased's mother.......the surviving spouse is NOT entitled to a life estate to the residence...

  14. #64
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    PM me if you need the name of an attorney that handles probate matters in Cleveland County. Yes, is right in that Judge Bonner handles probate matters in Cleveland County. However, you will not be able to talk directly to Judge Bonner. If the case needs to be probated she will most likely need an attorney as Judge Bonner will expect her to know exactly what to do and will not give her any guidance. Second thought I will just PM you the name of an attorney friend of mine to contact for questions.

  15. #65
    Originally Posted by 87sooner View Post
    the statute you posted says "the survivor may continue to possess and occupy the whole homestead UNTIL IT IS OTHERWISE DISPOSED OF ACCORDING TO LAW"....
    that means until the estate is settled in court.....it doesn't mean the rest of the survivor's life....
    if the deceased has a will....and the homestead is bequeathed to the deceased's mother.......the surviving spouse is NOT entitled to a life estate to the residence...

    The Oklahoma Supreme Court would beg to differ:

    Upon the death of a spouse, the surviving spouse and/or minor children are given by Okla. Stat. art. 58, § 311 (1971), the right to continue to possess and occupy the whole homestead. The "whole homestead" is that property of the family, which was impressed with constitutional homestead character at the time of the death. The survivor's right to continued possession and occupation of the property regardless of where title is lodged, is a personal and individual right. It is a special right to continue to possess and occupy the homestead during the lifetime of the survivor. It is not an interest in the testator's property, it is not subject to testamentary disposition, and it is distinct from the interest a surviving spouse takes in the land by inheritance or devise. It is an interest distinct from title and does not affect title to the property. Once the probate homestead attaches, the right of the survivor to occupy the homestead is superior to the rights of coheirs to their property interest, and their interest is suspended until the probate homestead is terminated. That termination may occur in one of several ways. Being a personal and individual right, it may be waived, forfeited or abandoned, or lost by death if there are no minor children.

  16. #66
    A couple of items I saw: Having a will doesn't prevent probate. Putting property into trust does. Oklahoma law DOES recognize holistic (read: handwritten/homemade) wills. And they're a GREAT way to leave your heirs a lawsuit! Estates over $50K and not in trust must be probated. Generally, the ESTATE pays the deceased's debts, not the personal representative. It's an important distinction, or at least it can be.

  17. #67
    Originally Posted by coolmojo View Post
    The Oklahoma Supreme Court would beg to differ:

    Upon the death of a spouse, the surviving spouse and/or minor children are given by Okla. Stat. art. 58, § 311 (1971), the right to continue to possess and occupy the whole homestead. The "whole homestead" is that property of the family, which was impressed with constitutional homestead character at the time of the death. The survivor's right to continued possession and occupation of the property regardless of where title is lodged, is a personal and individual right. It is a special right to continue to possess and occupy the homestead during the lifetime of the survivor. It is not an interest in the testator's property, it is not subject to testamentary disposition, and it is distinct from the interest a surviving spouse takes in the land by inheritance or devise. It is an interest distinct from title and does not affect title to the property. Once the probate homestead attaches, the right of the survivor to occupy the homestead is superior to the rights of coheirs to their property interest, and their interest is suspended until the probate homestead is terminated. That termination may occur in one of several ways. Being a personal and individual right, it may be waived, forfeited or abandoned, or lost by death if there are no minor children.

    interesting....
    so who has to pay the mortgage? who pays the property taxes? the "owner"?
    "congratulations.....you just inherited a $350k house.....but you can't live in it.....you can't rent it....you can't sell it.......you must make the mortgage payments.....oh and your tax bill is $3500/year....".....

  18. #68

    Re: Internet Lawyers Unite!

    Originally Posted by Oldnslo View Post
    A couple of items I saw: Having a will doesn't prevent probate. Putting property into trust does. Oklahoma law DOES recognize holistic (read: handwritten/homemade) wills. And they're a GREAT way to leave your heirs a lawsuit! Estates over $50K and not in trust must be probated. Generally, the ESTATE pays the deceased's debts, not the personal representative. It's an important distinction, or at least it can be.
    I've read this as well. Putting assets into trust doesn't seem like an easy process.

  19. #69
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    Originally Posted by mexican/ninja View Post
    Is she also having him cremated ASAP?
    No, it was the usual procession...complete with Sarah McLaughlin song, IIRC. Why do you ask?

  20. #70
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    My legal advice would be to get an atty in the county that knows probate law
    The following users like this post: McRib


  21. #71
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    Originally Posted by drumhead23us View Post
    No, it was the usual procession...complete with Sarah McLaughlin song, IIRC. Why do you ask?
    Probably has something to do with disposing of any evidence.

  22. #72
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    Originally Posted by drumhead23us View Post
    A question for all you jumbo-mortgage carrying, Infinity-driving masterminds.

    A friend of mine's husband passed away last year. He had pretty substantial credit card debt. Had a Jeep that he'd just bought and owed quite a bit on. Had a house worth roughly $120K that he only owed about $30K on. The deceased's mother is trying to force my friend into a probate. I have no idea what this means. Essentially, all of his creditors are going to converge on his estate (such as it is) and gobble up whatever equity he has in the house, right? If there is any remaining, it will go to my friend and their two kids.

    The other question is about his debt. If anything goes unpaid - say, for instance, if they don't do a probate - will any of his debt come back on her? The credit cards were established before they met, and none of the purchases were beneficial to her. She didn't benefit from the car as she had her own, and the house was purchased well before they met, and she is nowhere on any of the paperwork...or so she says.

    Sooooo yeah. What say you?

    TL;DR version: is a widow responsible for her dead husband's debt?
    ...and by 'friend's husband' you really mean 'my mistress' husband'....?

    Do you have access to any poisons or controlled medications?

  23. #73
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    Originally Posted by JamesBond View Post
    My legal advice would be to get an atty in the county that knows probate law
    Why do that when you can get as many different answers as posts out here?

    Originally Posted by mexican/ninja View Post
    ...and by 'friend's husband' you really mean 'my mistress' husband'....?

    Do you have access to any poisons or controlled medications?
    Anti Freeze. an oldie but a goodie. Also nicotine. Saw that one on a Closer.

  24. #74
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    Originally Posted by mexican/ninja View Post
    ...and by 'friend's husband' you really mean 'my mistress' husband'....?

    Do you have access to any poisons or controlled medications?
    Oh, ok. Now I smell what you're cooking. No on all counts.

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