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Questions Answered by Richard Winblad
2 Answers | Asked in Real Estate Law for Oklahoma on
Q: What is the para for legal easement (33 FT) in western Oklahoma Please
Richard Winblad
Richard Winblad answered on Oct 14, 2021

This varies greatly depending upon the use and whether the company has the power of eminent domain.

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2 Answers | Asked in Collections for Oklahoma on
Q: Got served a notice to appear in court over furniture we allowed to be repossessed years ago company won’t settle

We tried to call and see if they’d settle for a lower amount to keep it out of court they declined and are threatening putting Liens on property and taking wages over $1300

Richard Winblad
Richard Winblad answered on Sep 15, 2021

You might look at this statute, Keep in mind that the dollar amounts have been dollar adjusted and the $1,000 is not $5,400

_______________________________

Section 5-103 - Restrictions on Deficiency Judgments in Consumer Credit Sales

(1) This section applies to a consumer...
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4 Answers | Asked in Estate Planning for Oklahoma on
Q: If someone makes a will and then lists someone else as POD of their bank account. What happens? Who would the money go?
Richard Winblad
Richard Winblad answered on Aug 9, 2021

I agree the the answers below, however if the individual named was married to the account holder then divorced prior to his or her death, then Title 15 O.S. Section 178 may prevent the divorced beneficiary from collecting.

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2 Answers | Asked in Real Estate Law for Oklahoma on
Q: In Oklahoma, do you have to have an attorney to file a Quitclaim Deed to transfer real property to a family member?
Richard Winblad
Richard Winblad answered on Mar 4, 2021

No. There is no legal requirement that a quit claim deed be prepared or filed by an attorney. However, people often do no complete even a statutory form correctly. Also, it is generally considered the unauthorized practice of law for someone who is not a party to the transaction to prepare it.... Read more »

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3 Answers | Asked in Probate for Oklahoma on
Q: What is time limit to file for probate in Oklahoma

Family member refused to file the will

Richard Winblad
Richard Winblad answered on Dec 9, 2020

No there is not a time limit. Also, a Will must be produced. Title 58 Oklahoma Statutes Section 24 states:

If it be alleged in the petition that the will is in the possession of a third person and the court is satisfied that the allegation is correct, an order must be issued and served...
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4 Answers | Asked in Energy, Oil and Gas for Oklahoma on
Q: Oil rights

My uncle died in Oklahoma several years ago, never married, had no children, left no will, and had oil rights. His brother, my father, is also deceased and left 4 children (I'm the oldest). How much would it cost to settle this estate? Marathon Oil (Houston, TX) has this account and... Read more »

Richard Winblad
Richard Winblad answered on Oct 16, 2020

Most often this could be handled on a flat fee basis. Two or more probates can be combined into a since case. Most attorneys will quote you a rate over the telephone but are reluctant to provide online quotes.

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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.

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