My mother and I own mineral interests in Stephens county as well as several other OKLAHOMA counties. My mother has recently passed away. Our current deeds state we are joint tenants, not tenants in common, with full right of survivorship. I now wish to add my wife to show her as co-owner or joint tenant with full right of survivorship. Can anyone advise an easy way to do this without contacting or traveling to each county clerks office? Is it possible to take care of this online or through mailings? Also, if needed, can anyone recommend an attorney or firm which may help with this? I appreciate any thoughts or advice anyone can share.
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The first thing is to file an Affidavit of Surviving Joint Tenant for you and your mother. You will have to attached a certified copy of your Mom’s death Certificate. It needs to be done for each county. Then you can file deeds wherein you and your wife are Joint Tenants. Each of those deeds will have to be filed. You can mail all of the Affidavits and Deeds to the respective county clerk’s along with the necessary filing fees.
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Todd’s description is correct, the affidavit of surviving joint tenant would place joint tenant with right of survivorship property into your name. However, you might want to consider deeding the property into a trust which would avoid probate when both you and your wife pass. Then it could pass to your heirs with minimal trouble.
*This post is not legal or tax advice. No attorney client relationship is created by this post".
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