Real Estate Transactions

Real estate transactions are among the most significant financial decisions you will make. Whether you are buying your first home, selling an investment property, or transferring real estate as part of your estate plan, the legal details matter enormously — and mistakes can be extraordinarily expensive to fix.

I help Oklahoma homeowners, buyers, and sellers navigate every stage of a real estate transaction with clarity and confidence. My goal is simple: to make sure your property interests are protected and that your transaction closes smoothly, on time, and without surprises.

Why You Need an Attorney for Real Estate Transactions

Real estate agents and title companies play important roles in a transaction, but they are not your legal advocates. A real estate agent represents the deal. A title company facilitates the closing. An attorney represents you.

Here is what that means in practice:

• Contract review and negotiation — I review every term of your purchase or sale agreement to identify risks and protect your interests. Standard form contracts often contain provisions that favor one party over the other, and modifications may be necessary.
• Title examination — I examine the chain of title to confirm clean ownership. Title defects are more common than most people realize, and discovering one after closing can lead to litigation, financial loss, or the inability to sell the property.
• Deed preparation — I draft deeds that are legally compliant, properly describe the property, and correctly transfer ownership. An improperly drafted deed can create title problems that persist for decades.
• Closing oversight — I review settlement statements, verify that all financial terms are accurate, and ensure that the closing proceeds according to the contract.

The cost of legal representation at closing is a fraction of the cost of resolving a problem that could have been caught in advance.

Residential Real Estate Transactions

Most of my real estate work involves residential transactions — helping individuals and families buy, sell, or transfer homes and residential property in the Oklahoma City metro area.

Buying a Home

Buying a home is exciting, but it also involves substantial legal risk. A purchase agreement is a binding legal contract, and the terms you agree to determine your rights if something goes wrong.

I review your purchase agreement before you sign, explain what each provision means, and recommend modifications when necessary. I examine the title, review the survey, coordinate with your lender, and attend the closing to make sure everything is handled correctly.

Selling a Home

Sellers have legal obligations too. Oklahoma law requires certain disclosures, and the sale contract creates binding obligations regarding condition, timing, and transfer. I review your listing agreement and sale contract, prepare the deed, and ensure that the closing proceeds smoothly.

Refinancing

Even a straightforward refinance involves new legal documents that affect your property rights. I review the refinance terms, prepare any necessary documents, and make sure the new mortgage is properly recorded.

Transfer-on-Death Deeds in Oklahoma

Oklahoma’s Nontestamentary Transfer of Property Act allows property owners to execute a transfer-on-death deed — a powerful tool that lets you designate a beneficiary for your real property without going through probate.

A TOD deed is:

• Revocable — You can change or revoke it at any time during your lifetime
• Non-transferring during life — The beneficiary has no rights to the property until you die
• Probate-avoiding — The property passes automatically to the named beneficiary at death, outside of the probate process

TOD deeds are particularly useful for homeowners who want the simplicity of avoiding probate for their primary residence without the complexity of establishing a trust. However, they are not appropriate for every situation — and an improperly executed TOD deed can create more problems than it solves.

I help clients determine whether a TOD deed is the right tool for their situation, and if so, I prepare and record it properly.

Real Estate and Estate Planning

Real estate and estate planning are deeply connected. How your property is titled today directly affects what happens to it when you die — or if you become incapacitated.

Transferring Property into a Trust

One of the most common estate planning steps is transferring your home and other real property into a revocable living trust. This ensures the property avoids probate, passes seamlessly to your beneficiaries, and can be managed by your successor trustee if you become incapacitated.

I prepare the deed, handle the recording, and coordinate the transfer with your overall estate plan. If you have a mortgage, I address lender notification requirements and ensure the transfer does not trigger any issues with your existing financing.

Deeds for Gifting Property

If you want to transfer property to a family member during your lifetime — as a gift, as part of a family succession plan, or for tax planning purposes — I prepare the appropriate deed and advise you on the legal and tax implications of the transfer.

Life Estate Deeds

A life estate deed allows you to transfer property while retaining the right to live in and use the property for the rest of your life. This can be a useful tool for Medicaid planning and family property transitions, but it has significant limitations and tax consequences that must be understood before proceeding.

Mineral Rights and Oklahoma Real Estate

Oklahoma has a unique and complex relationship with mineral rights. In many parts of the state, surface rights and mineral rights have been separated — sometimes decades ago — meaning the owner of the land may not own the oil, gas, or minerals beneath it.

When buying property in Oklahoma, it is essential to understand:

• Whether mineral rights are included in the sale
• Whether there are existing oil and gas leases on the property
• Whether surface use agreements or drilling operations affect the property
• How severed mineral rights impact the property’s value and your rights as a surface owner

I review mineral right issues as part of my title examination and advise buyers on the implications of severed minerals before they close.

Common Title Issues in Oklahoma

Title problems are more common in Oklahoma than in many other states, due in part to the state’s complex history of land allotments, homestead claims, and mineral severances. Issues I frequently encounter include:

• Missing or defective deeds in the chain of title
• Unreleased mortgages or liens from prior transactions
• Probate issues — property still titled in the name of a deceased owner
• Boundary disputes arising from inaccurate surveys or legal descriptions
• Tax liens and unpaid property taxes
• Judgment liens against prior owners
• Easement conflicts that affect the use of the property

Identifying these issues before closing — rather than after — is the entire purpose of a title examination. I take this work seriously because a clean title is the foundation of every successful real estate transaction.

Why Work with an Estate Planning Attorney for Real Estate

Many real estate transactions are handled by general practitioners or title companies without attorney involvement. That works fine — until it does not.

I bring a perspective that most real estate practitioners do not: I understand how your real estate transaction fits into your broader financial and estate planning picture. When I handle your closing, I am thinking not just about today’s transfer, but about:

• How the property should be titled to align with your estate plan
• Whether a trust or TOD deed would benefit you
• How the transaction affects your overall asset protection strategy
• Whether there are Medicaid planning implications

This integrated approach ensures your real estate transaction does not create unintended consequences down the road.