him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?
answered on Jan 4, 2023
To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.
answered on Jan 10, 2019
If a person dies without a will, they have died "intestate."
The next step is for someone to file a "Petition for Probate" and describe how a search for the will was made but no will was found.
The Probate Court then looks to the default distribution rules for... View More 
Part owner of 1 clinic partner got mad at me and started operating new place under same name but II after it. Am I entitled to same payout as with 1st clinic?
answered on Jan 8, 2019
Quite frankly, I think the "payout" is the least of your concerns right now.
Obviously, the place to start is with whatever contract, operating agreement (LLC), partnership agreement or shareholder agreement (corporation) you may have. These documents frequently make reference to... View More
My daughter 34 yo and grandson live with me in oklahoma. My grandson has been here since May 2016 n her sept 2016. She works but has made less than $5000 for the year. I pay at least 98% for both of their care and housing etc. She is behind on child support for another child. Their lawyer is saying... View More
answered on Dec 12, 2018
According to the IRS, you can claim someone as a dependent if you provide for more than half of their support. But, this rule can be modified if there is a divorce decree or some other governing document.
Assuming that you meet the requirements, I should warn you that it gets more... View More
All work will be performed in TX without me ever traveling to OK. My understanding is that OK receives a copy of the 1099. If I am not responsible for OK taxes, I don't want to end up in a dispute with the OK taxing authority.
answered on Dec 12, 2018
Congratulations, you have landed on a real "hot-button" topic - especially when Oklahoma is suffering from a budget crisis.
To be honest, I really need more facts to be able to advise you properly.
But let me give you something to consider. The statute-of-limitations... View More
answered on Dec 12, 2018
This is a very good question, and a topic at a continuing education conference I recently attended.
Ultimately, it does depend on how much her dementia impacts her ability to understand what is going on.
Some people may not be able to drive, but can still understand what is going on... View More
Six years ago my mother-in-law passed away with no will. The estate never went through probate because one of the siblings kept saying they would get around to selling the house and dividing the rest of the estate between the surviving siblings. The siblings are not wanting to wait any longer but... View More
answered on Dec 12, 2018
Paying real estate taxes does not make someone the owner of the house.
As far as the State of Oklahoma is concerned, your mother-in-law is still the owner. The way to correct this is to file a probate case.
Anyone of the siblings can file a probate. As part of the paperwork, it will... View More
answered on Dec 12, 2018
Good question. In all fairness, the value of your estate should not be the primary motivator for hiring an estate planning attorney.
A proper estate plan will describe what actions need to take place to take care of you (your actual physical person) and your property. This... View More
answered on Dec 12, 2018
The quick answer to your question is that the probate process is a very technical area of the law, and an easily overlooked "mistake" could prove to be very costly and detrimental to your position.
Don't worry about the lions, and tigers, and bears that you hear coming. Worry... View More
answered on Dec 12, 2018
First of all, I am sorry to hear about your loss.
The only situation that I am aware of involved a murder-suicide.
Spouse #1 killed Spouse #2. Spouse #1 then committed suicide.
Spouse #1 cannot inherit from Spouse #2 since they were the cause of death.
For this and... View More
There was a order of protection and my wife and her ex could not contact one another. The decree was final in 2017 and he was claimed by his dad in 2016 for 2015 when they were apart. My wife not her ex claimed their son in 2017 for 2016. Who is can claim their son for 2017?
answered on Nov 19, 2018
I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.
If it is not clear, I would have your wife's lawyer contact the... View More
answered on Nov 5, 2018
When you file your probate paperwork (the petition) with the court, you actually attach the original will as an exhibit.
Yes, you need to go through probate to see that the will is appropriately administered.
to me when he dies?
answered on Oct 13, 2018
Yes, there are other steps you need to take. I DO NOT recommend the use of a will to transfer a business because it may take to long to complete the necessary steps.
There are several methods that can be used to transfer your Dad's property interest in his business to you.... View More
answered on Sep 26, 2018
One of the main reasons why a person prepares a "Living Trust" is to avoid the need to probate a will. Consequently, you may not need to submit anything to the Probate Court.
However, if your Dad owned property that was not owned by the "Living Trust", then you will... View More
possible to get it invalidated?
answered on Sep 24, 2018
You probably should consult with an attorney on this one. Your specific case will be very "fact-intensive."
In order to sign a contract, you must have "legal capacity." If your grandmother did not have legal capacity (due to Alzheimer's), the next question to ask... View More
answered on Sep 24, 2018
In traditional estate planning, we are concerned with 2 major areas. The first is the "health" of the client, and the "second" is the property of the client.
When dealing with the "health" of the client, we are concerned about 2 time periods. The first time... View More
My dad passed away he owned his house free and clear. The only thing is, is that he didn't leave a will. We, my brother and my sister and I, our names are not on the house. Can they just take it from us. And make me move out when I have been living here for a couple years now? One... View More
answered on Sep 7, 2018
In a probate case, the petitioner (you, on behalf of your family) will:
1. Gather ALL the assets of your Dad (real estate, bank accounts, tangible property, etc.)
2. Determine any taxes owed (federal and state income tax, real estate tax, etc.)
3. Determine any debts owed... View More
My mother who lives in Okmulgee County, OK has been diagnosed with dementia, and I want to petition for guardianship and/or conservatorship. However, I live in IL. Per law 304104, I don't think OK nonresidents can be guardians, and I am not sure about conservatorship.
answered on Sep 4, 2018
Yes, you may petition for Guardianship but you will need someone residing in Oklahoma to help "administer" the Guardianship - someone that the Court has authority over.
We’ve researched definitions of what makes an employee. We know they’re not in stone but we feel they meet enough we should be employees. It’s for a Trivia game nationwide company & we host trivia games at bars. So: they tell us when & where to work. They supply the items needed to... View More
answered on Aug 20, 2018
Welcome to the murky waters of employee vs. independent contractor.
Part of the problem is that you have several agencies - both federal and state - with overlapping jurisdiction.
In Oklahoma, you have the IRS, the OTC and the OESC just to name a few.
Not only that, but a... View More
answered on Aug 14, 2018
It depends on how you have "disowned" them.
If you do not have any estate planning documents such as a will or trust, then a Probate Court will follow the Oklahoma statutes as to how you property is distributed to your heirs - which can include your children.
YOU are able... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
