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Questions Answered by Richard Winblad
2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
Richard Winblad answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Probate for Oklahoma on
Q: Is there a outline of a quiet Title that I may use as a guide to submit one for myself

This is gas well payments located by the Oklahoma treasury office that they suggested I file in order to claim my inherited monies

Richard Winblad
Richard Winblad answered on Jan 15, 2020

I am not aware of any online source for a quiet title.

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Q: I resigned from my job, the same day my employer called my landlord???

The same day I gave notice that I was resigning from my position as case manager at a non-profit homeless service my ex-boss called my landlord to complain. He sent me a text shortly after threatening to evict if I fall behind on rent since I had, "left the job for no reason." I left to accept a... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

Very annoying but you probably don't have a viable claim.

Restatement (Second) of Torts, § 766:

One who intentionally and improperly interferes with the performance of a contract . . . between another and a third person by inducing or otherwise causing the third person not to...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Brother trying to probate estate my mom left me

My mother passed away in 2016 prior to mother passing she put me on the deed. My mother had wishes to keep the land and allow any of the children to live there which we have done. there is nothing documented it just something my mother wanted. My brother is saying he is going to have the land... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

If the property was deeded to your mother and yourself as joint tenants, then you would file an affidavit of surviving joint tenant along with an official death certificate. The property is then yours and the probate court would have no authority to probate the property.

If your mother...
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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: My Mother died and left her condo to her 6 children. Several children have died. How do we sell the Condo?

My sister lived in the condo for several years and has died with no children and no will.

Some of the other siblings had children that we are unable to locate. How do we get out from under this condo because it’s not worth much and is costing us money for HOA and taxes?

Richard Winblad
Richard Winblad answered on Jan 15, 2020

Doak is correct.

The property would pass through intestacy rules. It would require some more detail to determine who receives which portion.

In this situation it may be better to have the property sold during probate. For those heirs who cannot be located, their share of the...
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1 Answer | Asked in Probate for Oklahoma on
Q: My father passed recently. If he has no cash, property or assets, do we still need probate?

My brother and I are the sole beneficiaries and executors of his will. We have no disputes in the matter. His investment accounts are set to be distributed to us upon receipt of death certificate based on the arrangements he previously made. My brother and I are authorized users on his bank account... Read more »

Richard Winblad
Richard Winblad answered on Dec 31, 2019

Generally, parties are motivated to go through the probate process in order to get certain property placed into their names. You are not required to probate an estate just because someone has died.

1 Answer | Asked in Animal / Dog Law for California on
Q: My roommate stole my registered emotional support dog. She has it in West Covina with her family. What can I do

She's trying to say I neglected her which is untrue.. She won't give her back and I have become very ill because of this. Can I file a police report

Richard Winblad
Richard Winblad answered on Oct 29, 2019

Consider a small claims replevin action in your state. Replevin is an action to recover property like an animal.

1 Answer | Asked in Animal / Dog Law for Tennessee on
Q: We can’t find my dog and are scared the neighbors took it. Is it illegal for someone to steal my dog?
Richard Winblad
Richard Winblad answered on Oct 29, 2019

Yes, it is actually illegal to steal anything.

1 Answer | Asked in Animal / Dog Law for Georgia on
Q: Me as an individual citizen can I take a warrant out on another individual citizen
Richard Winblad
Richard Winblad answered on Oct 29, 2019

Not many facts to work on here, also question was posted in Animal/Dog Law. But a warrant is usually something issued by a court for the arrest of another person. So I don't see how you would take out a warrant. Perhaps you meant to file a complaint against somebody?

1 Answer | Asked in Animal / Dog Law on
Q: Someone agreed to watch my dog for an undetermined amount of time and want to keep her now that i want her back. Legal?

April 2019 someone agreed to watch her while i found housing that would accept her. We agreed to pay 50 a week to help with food and costs. August 2019 we visited and he accepted 100 from us and told us that he wasn't worried about the money that she is a pleasure to have around. He also said that... Read more »

Richard Winblad
Richard Winblad answered on Oct 29, 2019

Consider a small claims replevin action in your state. Replevin is an action to recover property like an animal.

1 Answer | Asked in Animal / Dog Law for Pennsylvania on
Q: Old roommate wont give my cats back sorry not dogs but i truly need some advice on how to get them back

My old roommate and me got into a argument day of she tells me to leave so i do i only took a few things with me thinking ill get the rest later long story short she threw out most of my stuff but she has my electronic devices ps4 labtop to name a few things when i went back to get my things she... Read more »

Richard Winblad
Richard Winblad answered on Oct 29, 2019

Consider a small claims replevin action in your state. Replevin is an action to recover property like an animal.

1 Answer | Asked in Animal / Dog Law for Indiana on
Q: My ex husband gave his sister my sons dog and she wont return him. I have a bill of sale for the dog. What can i do
Richard Winblad
Richard Winblad answered on Oct 29, 2019

Consider a small claims replevin action in your state. Replevin is an action to recover property like a dog.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: My neighbor said he would kill my 2 dogs for barking ,when I put them outside
Richard Winblad
Richard Winblad answered on Oct 29, 2019

That could be cruelty to animals. On the flip side you may be disturbing the peace. Find a way to quiet the dogs and avoid conflicts.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: An animal sanctuary refuses to allow me to visit and verify that one of the dogs at their facility belongs to me. I

I have been unable to find legal representation. The police dept will not file a report unless I have verified my dog’s identity in person. I have 10 years of vet records. Please help.

Richard Winblad
Richard Winblad answered on Oct 29, 2019

You may be able to file a "replevin" action in small claims. This demands return of a thing or animal.

You should be able to handle yourself without an attorney. The trick is to name the legal name of the entity and show up with records and witnesses at the hearing.

2 Answers | Asked in Estate Planning for Oklahoma on
Q: If you are mentioned in a will, can you obtain a copy of the will?

My brother named my sister-in-law as executor of his will. Before he died, I read his will. My sister-in-law and I have had a falling out. She has not sent me a copy of the will and now is saying things different than what was in the will I saw.

Richard Winblad
Richard Winblad answered on Oct 29, 2019

It is possible that your brother changed his Will. When it is filed with the Court you can compare it with your records. If something fishy is going on you may need to hire an attorney.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My mother passed away on 10-22-2019. She was in the process of selling her house. There is not a last will & testament.

I had power of attorney. The only asset she had was the house. She didn't have any life insurance policies, retirement benefits, social security benefits. We need to finish selling the house to pay for her funeral. Is there anyway to accelerate the process of probate.

Richard Winblad
Richard Winblad answered on Oct 25, 2019

Yes, here estate may qualify for a summary probate if her assets subject to probate were $200,000 or less. You are usually looking at 50-75 days to wrap up unless she had creditors claims.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: I'm a beneficiary of a death deed in Oklahoma there are 7 other siblings listed they want to sell I don't what do I do
Richard Winblad
Richard Winblad answered on Oct 21, 2019

1. You must file an acceptance of the transfer on death deed within 9 months of the individual's passing.

2. You can file for partition which would likely result in the forced sale of the property through judicial means. The sales price and the expenses would be divided equally. I have...
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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Can my worthless mineral rights just be ignored when I die?

I live in Oklahoma. I own (or might own - who knows?) an undivided interest in mineral rights in Texas. I consider them worthless. Let's suppose that I manage to avoid probate through the use of beneficiary forms, TOD's, and POD's for financial accounts and TOD Deed for my house and cars, for... Read more »

Richard Winblad
Richard Winblad answered on Oct 11, 2019

It appears that Texas law allows a transfer on death transaction for minerals. A Texas attorney should be asked about a transfer on death deed. Current federal estate taxes begin at $11.4 million.

However, don't just focus on who gets your things when you are gone. Estate planning also...
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2 Answers | Asked in Probate for Oklahoma on
Q: I live in my family's house. I have lived in this house for 16 years, paid the taxes, and maintained repairs.

My 1st cousin is who has title to the house has been dead 27 years. I am trying to get title in my name so i can pass it on to my granddaughter when I die to keep it in the family. What is the best way to get a clear title?

Richard Winblad
Richard Winblad answered on Sep 13, 2019

If there are more claimants than you to your cousin's estate it is possible that you have a claim by adverse possession but this would probably require a quiet title action. In either event you will need an attorney

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: In Oklahoma, if you have a revocable trust, do you have to file the will in District Court?

My father passed away this last August and he and my mother have a revocable trust naming each other as Trustees and everything going to the surving spouse. We want to make sure we are doing everything legally and are wondering if you have to file the will with the District Court if they had a... Read more »

Richard Winblad
Richard Winblad answered on Sep 12, 2019

Probably not unless the didn’t transfer property into the trust.

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