of the more substantial changes include: · A definition of “deed”; · A definition of “land,” specifically excluding “minerals”; · Allowing the affidavit to be signed by an attorney in fact and other such personal representatives; · A list of instruments and grantees who are exempt from this
Each of these new legislative changes will certainly clarify the use of alien affidavits, and of course, as is inevitable with any law, more questions. While we have focused our analysis on medical marijuana, the catalyst for SB 212, there are other industries which are legal in Oklahoma or tribal lands in Oklahoma, but federally, legal or illegal, which could be impacted, from manufacturing, to live and online sports betting, casinos, gambling, and everything in between. One thing is certain, if you are selling or acquiring real property in Oklahoma, be sure that you have your affidavits executed and ready for recording, otherwise you have a chance of the county clerk abducting – er, rejecting, you and your conveyances!
requirement for an affidavit (court orders and governmental entities);
· Allowing exempt instruments to show the exemption on its face and to avoid the need for an affidavit; and · Allowing the use of an affidavit that is in “substantial compliance. 36
36.) Which will allow attorneys to modify the AG’s forms to comply with other settled Oklahoma law.
What Happens if the Original Will is Missing? By Tiffany Dowell Lashmet (Original blog posted June 19, 2023 in Texas Agricultural Law; republished by permission.)
What happens when the original of a will goes missing and there is no evidence of what happened? That was the issue recently addressed in the Estate of Myrtle Dell Brown.
revoked. The application alleged that Brown would not have been capable of executing another will after the October 2009 will as she became incapacitated shortly thereafter. Ms. Wylie, the attorney who served as the guardian ad litem for Ms. Brown and the guardian of her estate, filed an application for determination of heirship. She served in the guardian role since October 19, 2009, after Brown fell and was hospitalized. She sought to have the court determine the heirs of Brown so that she could distribute the estate to those entitled to receive it. She identified a cousin, Annabell Louise Powell, as an heir of the estate. The Humane Society filed an application for probate of a will not produced in court stating the same facts as Eriks did in her application. They also attached a “Waiver of Citation” and “Section 258.051 Affidavit” from Brown’s cousin, Powell. In the affidavit, Powell stated that she understood that she
Background
Myrtle Brown died in June 2018 at 93 years old. She was not married and had no children. The value of her estate was approximately $750,000. Ms. Eriks filed an application for probate of a copy of a will seeking to introduce a will dated October 1, 2009, that named the Humane Society as the sole devisee, and named Eriks as the independent executor. The original of the will was not located, and it was believed to have been accidentally disposed of during the guardianship of Brown. Thus, a copy of the will was attached to the application. The copy shows the will was signed by Brown, two witnesses, and contained a self-proving affidavit. The application claimed this will was never
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N at i onal A ssociation of D i v i s i on O rder A nalys t s
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