Questions Answered by Richard Winblad

Q: Is it legal for an individual to sell a portion of their non-participating royalty interest then distribute the revenue?

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Apr 2, 2019
Richard Winblad's answer
Buyers should contact the operators directly with the documentation, request Division Orders and provide W-9s.

Q: My grandmother died in oklahoma, but owns a house in california. She had a will, which state will probate be in?

1 Answer | Asked in Probate for Oklahoma on
Answered on Mar 5, 2019
Richard Winblad's answer
California law controls distribution of real estate within its borders. If there is no probate property (land, bank accounts, etc) in Oklahoma you should file probate in California. An Oklahoma probate would not change ownership of out-of-state real property.

Q: How long before an estate can no longer go to probate after a person dies without a will in Oklahoma? with a will?

1 Answer | Asked in Probate for Oklahoma on
Answered on Feb 18, 2019
Richard Winblad's answer
There is not a statute of limitations within which to probate somebody's estate.

If there is a valid Will, then the its distribution instructions are followed.

Intestate, is where someone dies without a Will. Then the property is divided among the heirs according to the statute in force at the time of death.

Both testate and intestate estates pass through probate. Probably qualifies for a summary probate.

Q: My mother died in an accident and left me her house in JT with ROS a year before. Can her creditors come after it?

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Answered on Feb 18, 2019
Richard Winblad's answer
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.

Q: How long do I have to get a simple affadavit to close a deceased bank account & or will I need to do simplified probate

1 Answer | Asked in Banking and Probate for Oklahoma on
Answered on Feb 10, 2019
Richard Winblad's answer
Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.

Q: In oklahoma, would conversion of estate funds by a co executor be a state crime or a county crime?

2 Answers | Asked in Estate Planning for Oklahoma on
Answered on Jan 30, 2019
Richard Winblad's answer
See

A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:

...

B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:

1. If the value of the property embezzled is...

Q: I cannot afford an attorney, I’m trying to probate my mother’s will, the judges clerk sent me back my papers and said

1 Answer | Asked in Probate for Oklahoma on
Answered on Jan 28, 2019
Richard Winblad's answer
Probate matters are complex, it is difficult to comply with the requirements without having experience. While you might find some forms at the local law library in the courthouse, the real task is knowing what to file and when. Many attorneys handle probate estates on a flat fee basis. Check in your area.

Q: Can paperwork be submitted directly to judge without being filed or made available to all parties

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
No, that is called and ex parte communication.

Q: Civil case in OK. Can a judge use his own conclusions of law & finding of facts?

1 Answer | Asked in Civil Litigation for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
It would be highly unusual for a judge to base his decision on facts that were not presented in some form to the court. An attorney's "conclusions of law" are generally the result that the facts call require. It is possible that the judge focused upon facts or laws that neither side considered relevant or important. You should discuss with your attorney about the ability to appeal if you were aggrieved by the decisions.

Q: If I have been a tenant of a commercial property over 10 years do I have a right to buy the land before a stranger?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
Unfortunately, no. Unless your lease or rental terms state differently.

Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Richard Winblad's answer
Perhaps your church has an attorney who would do the paperwork for free or the church would pay the costs.

Q: My sister forged my signature on property we inherited. I turned down an offer but check was in bank already. 2.2million

2 Answers | Asked in Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Richard Winblad's answer
Sorry for your issues.

It sounds as though your sister forged your name to an acceptance of an offer to sell and that an earnest money check was deposited. I say this because if your name is on the property (completed probate or trust) then you must sign before a notary public.

You should hire an attorney to review the situation. This is especially true if the contract was below market value.

If you don't want the deal, you should take steps now to prevent the sale...

Q: Can my husband with Alzheimers sign a document with an X if he is with anotary. HE IS COMPETENT

1 Answer | Asked in Family Law and Elder Law for Illinois on
Answered on Jan 10, 2019
Richard Winblad's answer
Check in your jurisdiction. In Oklahoma a person who cannot sign a POA may instruct another to do so on his/her behalf if done with proper witnesses.

Q: Is the home protected against estate recovery if its homestead home

1 Answer | Asked in Elder Law on
Answered on Jan 10, 2019
Richard Winblad's answer
Visit with an Elder Law attorney in your state. There may be several avenues available to protect the homestead. Frankly there are too many variables to discuss without more details.

Is there a spouse?

Is this on tribal land?

Is there dependent or disabled children?

Was a person living there a caregiver relative?

Q: Do I have to give right a way for a pipeline for a oil company

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Answered on Jan 9, 2019
Richard Winblad's answer
This all depends on whether or not the property is being taken for eminent domain. If the company is a common carrier they may have this power. Eminent domain is often a condemnation for those who do not agree the the company's offer. Often companies offer a very low value.

If this is for a pipeline for production from below your property they may also have a right but must pay damages.

If the company does not fit into either of these categories, then they are seeking a...

Q: Power of attorney

2 Answers | Asked in Elder Law for Indiana on
Answered on Jan 10, 2019
Richard Winblad's answer
Generally is is a very bad idea to create democracies in POAs. What if they disagree. Having three doesn't assure a tie-breaker. It is generally better to name them to serve successively.

Q: Spouse died in TX & willed property to spouse. What steps need to be taken to sell OK land still in his name only?

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Jan 6, 2019
Richard Winblad's answer
A simplified Oklahoma probate Is required to put the property in the name of the person who inherited it. Unfortunately the Texas probate doesn’t have jurisdiction in Oklahoma so this step is necessary.

Q: 3 years after a probate i fould out there was a bank account that was not included is there a way to reopen that probate

1 Answer | Asked in Probate for Oklahoma on
Answered on Dec 17, 2018
Richard Winblad's answer
Many final orders include "after discovered property" language that may take care of the issue. If it does, obtain and present the bank with a certified copy of the order. If this does not do the trick, you may need to reopen the case.

Q: I have a guy who will not move his horses out of a pasture I lease. He has never paid board or bought feed.

1 Answer | Asked in Agricultural Law and Animal / Dog Law for Oklahoma on
Answered on Dec 17, 2018
Richard Winblad's answer
4 OK Stat § 4-191 (2017)

Any person employed in feeding, grazing or herding any domestic animals, whether in pasture or otherwise, shall have a lien on said animals for the amount due for such feeding, grazing or herding.

The statutes provide for a means to foreclose that lien. Also be aware of:

Title 21. Crimes and Punishments

Chapter 67 - Injuries to Animals

Animal Facilities Protection Act

Section 1685 - Acts of Cruelty to Animals...

Q: What do I do if we need an advance care directive for my mother, but she has dementia?

2 Answers | Asked in Elder Law for Oklahoma on
Answered on Dec 11, 2018
Richard Winblad's answer
It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions.

63 OS Section 3102.4

When an adult patient or a person under eighteen (18) years of age who may consent to have services provided by health professionals under Section 2602 of Title 63 of the Oklahoma Statutes is persistently unconscious, incompetent or otherwise mentally or physically incapable of communicating,...

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