House deed never transferred.

[Cooper@1960]

This isn't a scenario I'm involved in but I'm curious of how this needs to be handled.

State of Oklahoma.

My friend was sole beneficiary of his parents estate after his mother died in 2018, father had died years before. Part of the estate was a house previously owned by an aunt and uncle that his mom said she inherited when they passed back in the late nineties.

The aunt and uncles house was never transferred into his mom's name, and my friend has made no attempt to transfer it into his name. He also found no will or paperwork from the aunt and uncle transferring the home to his mother, but the home is a listed asset in his mother's will.

My friends younger brother has been living in the aunt and uncles house for many years, paying the taxes and utilities and so claims it is his, but of course my friend claims otherwise.

I don't think either of them own it. lol. My friend is afraid to claim title because maybe another relative would file a claim, though the aunt and uncle had no children he knows there are relatives close by.

How does something like this get resolved? Would it still be probated after all these years?

 

[adjusterjack]

How does something like this get resolved?

With a real estate attorney to whom somebody pays a lot of money.

Would it still be probated after all these years?

Maybe not. Might just require a "quiet title" lawsuit which would also cost a lot in lawyer fees.

Quiet title - Wikipedia

I emphasize, thanks to the stupidity of the forebears, somebody will be spending big bucks on litigation, or it will never get resolved. When the brothers die, the property will go to the state.

 

[Cooper@1960]

Thanks for the reply. The brothers are both in their sixties at this point, I don't think either one is going to make an attempt to secure title. I guess it's going to be something for a future generation to hash out.

 

[zddoodah]

So...the order of death is as follows: aunt/uncle --> father --> mother. Correct?

And the house is titled in the aunt and uncle's names. Correct?

Part of the estate was a house previously owned by an aunt and uncle that his mom said she inherited when they passed back in the late nineties.

Based on what? Let's say the uncle died first and assume that the aunt was the mother's sister. Did the aunt's will expressly leave the house to the mother? Was either the uncle's estate or the aunt's estate probated? If there was no will, the only way the house would go to the mother would be if the aunt was not survived by any issue (children, grandchildren, etc.) or parents. Was that the case?

My friend was sole beneficiary of his parents estate after his mother died in 2018, father had died years before.

I assume you meant to write that he was sole beneficiary of his mother's estate. Right? If he had been sole beneficiary of both of their estates, then he would have owned the home following his father's death. In any event, I assume neither of his parents' estates were probated. Correct?

My friends younger brother has been living in the aunt and uncles house for many years, paying the taxes and utilities and so claims it is his, but of course my friend claims otherwise.

What has your friend done to enforce his claim? How many years is "many years"?

My friend is afraid to claim title because maybe another relative would file a claim

That makes no sense. Regardless, does your friend actually want the house or not?

How does something like this get resolved? Would it still be probated after all these years?

There are two possibilities. First, your friend (or someone else) could seek to probate the estates of the uncle, aunt, mother and father. Whether it's still possible to probate estates that should have been probated 6, ? and 25+ years ago is a question only an Oklahoma attorney will be able to answer. The other option, as mentioned in the prior response, will be a quiet title action.

thanks to the stupidity of the forebears, somebody will be spending big bucks on litigation, or it will never get resolved.

Moreso the negligence of the survivors who didn't properly probate the various estates after those forebears died.

 

[shafique]

This isn't a scenario I'm involved in but I'm curious of how this needs to be handled.

State of Oklahoma.

My friend was sole beneficiary of his parents estate after his mother died in 2018, father had died years before. Part of the estate was a house previously owned by an aunt and uncle that his mom said she inherited when they passed back in the late nineties.

The aunt and uncles house was never transferred into his mom's name, and my friend has made no attempt to transfer it into his name. He also found no will or paperwork from the aunt and uncle transferring the home to his mother, but the home is a listed asset in his mother's will.

My friends younger brother has been living in the aunt and uncles house for many years, paying the taxes and utilities and so claims it is his, but of course my friend claims otherwise.

I don't think either of them own it. lol. My friend is afraid to claim title because maybe another relative would file a claim, though the aunt and uncle had no children he knows there are relatives close by.

How does something like this get resolved? Would it still be probated after all these years?

Likely probate is needed to clear title.

 

[quincy]

Shafique, this thread has to do with Oklahoma. Please stop adding your Arkansas link to posters’ threads. Thank you.

Your post was reported for moderator review.

 

[shafique]

ok boss