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Questions Answered by Richard Winblad
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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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: Can a life estate be recorded as part of a transfer on death deed
Richard Winblad
Richard Winblad answered on May 8, 2020

If you want to own the property for your lifetime then grant the property to a beneficiary there is no need to name yourself as reserving a life estate.

If your plan is to grant someone a life estate upon your death with the remainder going to a third party, then a trust would be the better...
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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Oklahoma on
Q: my deceased mom didn't remove my predeceased dad from house title. How does it go from their JTWROS to me per her will?

My mom and dad owned their home JTWROS. My dad died in 1996 and never changed the title to her single name. She passed away in 2012. She had a will and we have probated her estate with the court last year. In her will, she left the home to me. How do I change the title on the house to my name,... Read more »

Richard Winblad
Richard Winblad answered on May 6, 2020

A personal representative of the estate can file an affidavit of death, this may be required by some attorneys who examine title.

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2 Answers | Asked in Probate for Oklahoma on
Q: Parent's left no will. Need to prove heirship so the real estate property can be sold. Need to know how to file probate
Richard Winblad
Richard Winblad answered on Mar 11, 2020

Probate matters are complicated enough that many attorneys hire other attorneys for that type of work. In Oklahoma it can be complicated. However, probates can often be accomplished without need of a court appearance by any heirs.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Duties as a Trust Admin/Exec. I am TA/E for a terminally ill lady. Her trust leaves some funds to an heir.

The heir was a defendant in a series of civil suits, losing all of them and having judgments levied against her by the courts. Would it be illegal to contact the plaintiffs who were awarded the damages that there will be money allocated to the heir upon the death of the lady?

Richard Winblad
Richard Winblad answered on Mar 3, 2020

Seek advice of an attorney. Your pan of action may be contrary to the terms of the trust. If you breach a fiduciary duty you might become liable to the heir.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Working with ODOT on purchase of surplus land Highway Easement. They have B S ed now 18 Months..... frustrating

.62 Acre just off Kerr Lab Road Survey info but no visit and Appraisal asking $12,259. Oh I paid the owner $20. k back in 03 2018 (quick claim deed) 71 years old have made about $50. k improvements. What a challenge. Do not know how to use a firearm. Need to make decision by 29 or up for State... Read more »

Richard Winblad
Richard Winblad answered on Feb 27, 2020

It sounds as though you are confused by the process. If the state (ODOT) cannot negotiate an easement they will resort to eminent domain. Still you have statutory and constitutional protections.

You don't need a gun, you need an attorney.

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