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Questions Answered by Richard Winblad
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.

2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My mother died almost 2 years ago she had transfer upon death deed naming me the only child as her benafiary..How do I

How do I put the house in my name

Richard Winblad
Richard Winblad answered on Feb 24, 2020

Unfortunately you have to file an acceptance within 9 months of her death. If you fail to do so it becomes subject to probate. However, probate can be fairly simple.

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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: Inherited land and minerals in OK . Got a division order to sign. Would a new lease or agreement have to be signed?
Richard Winblad
Richard Winblad answered on Feb 3, 2020

Probably not. You are likely bound by your predecessor’s lease (or pooling order) for the well in question.

Also. You are entitled to royalties in Oklahoma even if a division order is not signed by you. Some companies try to get concessions with orders. But make sure they have your tax...
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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Where can I find the forms needed to file for Oklahoma probate?
Richard Winblad
Richard Winblad answered on Jan 22, 2020

Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

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 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 job with higher pay. I didn't reply to the... 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.

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