Legal Question in Wills and Trusts in Oklahoma
My dad died without a will. The house is in his and mine name, can I take his name off of it now?
Asked on 5/19/11, 2:55 pm
1 Answer from Attorneys
Kurt Kennedy
Kurt M. Kennedy,Attorney at Law
If the property was titled in both of your names as joint tenants with right of survivorship you can file an Affidavit of Surviving Joint Tenant which will terminate the joint tenancy and remove his name as an owner. If you held title as tenants in common you will need to probate his estate because his estate owns an undivided 1/2 interest in the property.
Answered on 5/19/11, 3:02 pm