Legal Question in Wills and Trusts in Oklahoma

Rights to property?

1998 Mother and stepfather gifted their house to me. My mother died in July of 1998. Stepfather has no living estate and has remarried. The deed is filed in my name. Also his will states that he gave me property during his lifetime. I am a single parent of three teens and am paying property taxes and insurance on two places. I really can not afford this. May I sell this house legally?


Asked on 5/30/02, 3:08 pm

1 Answer from Attorneys

Hunt John Urgentlegalcare.com

Re: Rights to property?

Thank you for your question. Your question does not mention anything about why the house was gifted to you or whether your step-father is living in the home presently. Property can be put in someone elses name for many reasons but with an understanding that equitable title is to remain in the grantors. In such situations the party in whose name the property is put is a Trustee and may be required by a court to fulfill the condition under which the property's title was transferred. I bring up the issue of whether the step father is living there because if the property was never really intended to be yours, he would have certain rights to include possibly living in the home until his death. If the property was just given to you without any strings or obligations attached, then I can see no reason why you cannot do with it as you please. Perhaps this was your mother's house which she separately owned before marrying your step father and she wanted to insure that you got it. Regardless of what his will says, it does not take effect until his death. Probably more information is necessary before I could give you a complete opinion.

Read more
Answered on 5/30/02, 4:32 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Oklahoma