QUESTION
How do I now go about getting a new Title to the house in my name?
Asked on May 15th, 2012 on Estate Planning - Oklahoma
More details to this question:
My husband died a year and a half ago. He left a will giving me all his assets including house (his name only on deed). Everything has gone through probate. My attorney is not the best and is not that communicative. How do I now go about getting a new Title to the house in my name? Thanks.
2 ANSWERS
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Donna J. Jackson Attorney at Law PC
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The Order Approving Final Accounting should be recorded in the County Clerk's Office where the property is located. The order puts the property in the devisees name.
Answered on May 21st, 2012 at 5:46 PM
We would have to check the probate file to see if the house appeared on the inventory and that the final decree demonstrates that you inherited the entire estate. The final decree should be filed with the land records of the county in which the house is located. You do not get a new "title" or "deed". The final decree demonstrates your ownership under the situation I layed out. If the record does not reflect the house as part of the probate estate then possibilities to clear it up may include obtaining Nunc Pro Tunc orders and doing a quiet title suit. Nunc Pro Tunc is lawyer talk saying there was a simple error to correct. The court would have to approve the Nunc Pro Tunc situation The quiet title suit is a law suit in which someone claims they own a piece of real estate and to clear up (quiet) the title orders are sought to have the court issue orders showing who is the owner. I would check the probate file for the inventory, the final decree and the land records to see how the house was handled. You should also check the file for an estate tax release to see if the house is mentioned. Everything might just be fine with the title. I recommend you make an appointment with the probate attorney and ask him or her to explain the house situation.
Answered on May 17th, 2012 at 10:51 AM