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Questions Answered by Richard Winblad
2 Answers | Asked in Probate for Oklahoma on
Q: how do i start probate without a will?

my mother passed away in 2013 and didn't leave a will. I have a brother and a sister. i have been paying the taxes on the land and everything since 2010, do i have more right to it then they do? They have not once helped me pay taxes.

Richard Winblad
Richard Winblad answered on Sep 21, 2020

Sorry for your loss.

If your mother didn't have Will the property would pass according to the intestacy statute. If she was single at the time of her death and all her children were living, then the likely outcome is for the children to share equally. You may have a claim for the...
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2 Answers | Asked in Probate for Oklahoma on
Q: My mom lived in shawnee ok and died in tulsa ok and left no will and has gas and oil royalties in nacogdoches tx where

Would you file for probate and where would it be held at

Richard Winblad
Richard Winblad answered on Aug 31, 2020

Sorry for you loss.

For Oklahoma real property a probate may be required here.

For minerals in Texas, visit with an attorney there.

G. Wade Caldwell

Caldwell East & Finlayson

700 North Saint Mary’s Street

Ste.1825

San Antonio, TX...
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1 Answer | Asked in Uncategorized for Oklahoma on
Q: Can I legally ask her to stop sharing my information with her colleagues?

I mistakenly sent bankruptcy correspondence to the district insurance coordinator instead of my insurance forms. Can I legally ask her not to share that information throughout her office to her colleagues?

Richard Winblad
Richard Winblad answered on Aug 28, 2020

If this is a work related issue it may be covered by your employment policies. You may wish to visit with human resources if your request to the person fails.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: can the person who has power of atty sign a quitclaim deed if he is also one of the "buyers"?

94 year old father wants to quitclaim deed his house to his 3 children to avoid probate. His hands don't work anymore and so his son has power of atty so he can sign for his dad. Can the son sign the quitclaim for his dad if the son is listed as one of the buyers? Do the children have to pay... Read more »

Richard Winblad
Richard Winblad answered on Aug 28, 2020

That transaction might not be the best if the property has increased in value. By using a "Transfer on Death Deed" the father will obtain his objective of transferring the home to children outside of probate. Also, if he will need a nursing home but cannot afford it, the transaction... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Employment Law for Oklahoma on
Q: If something is removed from my credit report that is being garnished does that mean the garnishment will stop
Richard Winblad
Richard Winblad answered on Aug 28, 2020

Some items age off of credit reports. However, a judgment can be periodically renewed. This means that the creditor may still be entitled to garnish wages, banks, etc. Do not confuse a judgment with a credit report.

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2 Answers | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: Does my spouse have to sign a warranty deed in OK for land that was inherited?

My parents are nearing death and closed the family trust and divided the land between me and my sister earlier this year for inheritance. No structures are on the land. My half was put in a deed of survivorship with me and my grown son. We are trying to deed 10 acres to a friend as a gift ($10).... Read more »

Richard Winblad
Richard Winblad answered on Jul 9, 2020

Great question:

The reason that a spouse is generally required to sign deeds that include surface interest is to protect the transferee (the person receiving the property and their lenders) from a possible spousal homestead claim. A spouse occupying property cannot be deprived of the right...
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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: I have a question about getting a copy of my parents will when my brother will not let me see it.

My mom died in 2011, and my dad died just last week. My brother was named his POA. My brother refused to let me see my moms will and I only discovered my dad had one when I asked a few days ago. I contacted the county where my mother died and her will was not filed with the courts. My dad died in a... Read more »

Richard Winblad
Richard Winblad answered on Jun 3, 2020

This might help:

Title 58. Probate Procedure

Chapter 2 - Probate of Wills

General Provisions

Section 24 - Production of Will May be Compelled by the Court

Cite as: O.S. §, __ __

If it be alleged in the petition that the will is in the possession of a...
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1 Answer | Asked in Health Care Law for Oklahoma on
Q: Are hearing tests considered medical records in Oklahoma? If yes, how do I get a copy of my hearing test?
Richard Winblad
Richard Winblad answered on Jun 3, 2020

You should always be entitled to your personal medical records.

1 Answer | Asked in Criminal Law and Military Law for Oklahoma on
Q: is it against the law in Oklahoma to fly a green and white American flag with marijuana leaves on it?

Marijuana shops around Oklahoma City have recently begin waving defiled American flags The colors have been changed to green and white and they are covered with marijuana leaves. Is this against the law in Oklahoma and if so what are the possible penalties?

When I read Oklahoma Statutes,... Read more »

Richard Winblad
Richard Winblad answered on Jun 2, 2020

I agree it is in poor taste. However, the First Amendment protect creation of such item.

1 Answer | Asked in Public Benefits for Oklahoma on
Q: Why is it illegal ti fly sky laterns in the state of oklahoma

Explain this to me

Richard Winblad
Richard Winblad answered on Jun 2, 2020

Absolutely:

2014 Oklahoma Statutes

Title 68. Revenue and Taxation

§68-1624.1. Aerial luminaries.

Universal Citation: 68 OK Stat § 68-1624.1 (2014)

A. It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial...
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1 Answer | Asked in Personal Injury for Oklahoma on
Q: can I use the state of Oklahoma for forcing me to put off knee surgery,
Richard Winblad
Richard Winblad answered on May 13, 2020

I assuming that you want to sue Oklahoma because it put measures in place due to Covid-19 that has delayed your knee surgery. For the State to be liable for a tort it must have acted negligently and you must proceed through the governmental tort claims act. If delay is due to public health... Read more »

1 Answer | Asked in Elder Law for Oklahoma on
Q: can someone appoint two agents who can act independently or together in a durable power of attorney in Oklahoma?
Richard Winblad
Richard Winblad answered on May 13, 2020

Yes, but often that can be a bad idea especially if they disagree on a course of action while the principal is incapacitated. Generally, it is better to have an initial agent, then a successor.

1 Answer | Asked in Foreclosure for Oklahoma on
Q: I owe 1500.00 on my mortgage and the bank has it as write off can they still for close on my house
Richard Winblad
Richard Winblad answered on May 12, 2020

Written off does not mean "not owed". The closing company will likely contact the mortgage company and withhold the sums owed from disbursements.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can I take legal action for being fired for no reason upon state reopening?

Upon state closure the restaurant I serve at informed the staff that we would have our jobs when we came back. Upon state reopening I texted that I was available for work and informed I was being let go. I haven't even worked in over another and was given no reason. I live in Oklahoma

Richard Winblad
Richard Winblad answered on May 12, 2020

Oklahoma is generally an "at will" state meaning that absent an agreement in writing, labor agreement, etc., an employer can terminate an employee for no reason.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Division order analyst used older deed. Correct deed on file. Now we are 9 mo. after first production. Still no check.

Correct deed on file since 2006. Probate not the problem. No other oil companies have had this problem with having the right mineral deed to work from. Do they owe us the 12% penalty from date of first sale? How do we get them to pay? Do we have to go to court?

Richard Winblad
Richard Winblad answered on May 12, 2020

You need to find out from the company whether they have any title requirements that need to be fixed. If you believe that you have clear title send them a certified letter with an IRS W-9 along with your address. Companies are unlikely to pay 12% interest unless they are pressed. If there is an... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Step mom died last March. I Want to find out Legal advice on I will after someone dies.

Step mom put her house on the reverse mortgage. She set up for her stepson to get 40% and her daughter 60%. Then she put her daughter as beneficiary On her accounts. Well her stepson get any thing?

Richard Winblad
Richard Winblad answered on May 12, 2020

This is tough to answer with such few facts. If there is equity in the home above the amount of the reverse mortgage then the heir or devisees may be entitled to share in the proceeds.

2 Answers | Asked in Probate for Oklahoma on
Q: When a will is filed and goes into probate, can the executor of that will burn papers, drive vehicles of the deceased et

My grandparents/parents were in an accident, and both deceased. They had one living, biological child. My sister and I are also heirs. We can't afford a lawyer, and my grandpa was always the one who I spoke with about things like this. The biological daughter is the executor, because I... Read more »

Richard Winblad
Richard Winblad answered on May 12, 2020

A sim-behaving executor can be removed regardless of whether he or she was nominated in the Will or has priority. You should retain an attorney in the county or an adjoining county where the probate is happening.

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: An Oklahoma oil company refuses to honor to pay lease bonuses to heirs after a will was probated

I have a probate decree and deeds as proof of ownership

Richard Winblad
Richard Winblad answered on May 11, 2020

Dealing with oil companies can be frustrating.

It is difficult to answer your question with the limited facts. Was the property probated in Oklahoma? Who signed the leases? Have the leases been filed?

Many companies are bad about paying lease bonuses even when title is clear....
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2 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: It has been 9 months since first production. How do I get the oil company, Red Wolf, to pay the 12% late fee?

Do they pay 12% for the nine months or only the 3 overdue months? They were trying to use an old title that was not current. I consider this their responsibility to have the correct title as it is easily available. Is this correct? This is for 6 new wells. I am still waiting on my first check.

Richard Winblad
Richard Winblad answered on May 11, 2020

In your question you asked:

"I consider this their responsibility to have the correct title as it is easily available. Is this correct?"

The person who checks title is usually referred to as a "division order analyst". The analyst's job is to determine...
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2 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: My deceased Father had a 1/3rd share in a mineral rights lease which was probated. The oil company won't honor lease

Who signs a lease when the owner is dead or can't be located? Does the oil company have to give the same lease to my Dads' heirs?

Richard Winblad
Richard Winblad answered on May 8, 2020

First of all sorry for your loss.

Your father's estate must be probated in Oklahoma even if it has already been probated in another state like Arizona. This is commonly referred to as an ancillary probate. These are fairly simple to handle. In the vast majority of cases there is no...
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