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Questions Answered by Richard Winblad
1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: Dog not mine bites person front of business I'm cited find without due process of sixth amendment how do I appeal

Was denied jury trial was denied to confront my accusers

Richard Winblad
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Richard Winblad
answered on Dec 6, 2018

You should retain a Kansas attorney.

https://youtu.be/Ue0fZfwHfzo

2 Answers | Asked in Estate Planning for Oklahoma on
Q: How large does my estate need to be in order to justify hiring an estate planning attorney?
Richard Winblad
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Richard Winblad
answered on Dec 6, 2018

Estate planning attorney does more than just help you get assets to family members. That is a secondary concern. My first thoughts are how to protect you will you are still alive. If you don't have proper Powers of Attorney & Advanced Healthcare Directives in place, your family may face... View More

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1 Answer | Asked in Estate Planning and Elder Law on
Q: I want to update the beneficiaries of my revocable living trust. What form do I use? I am in the state of Florida.
Richard Winblad
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Richard Winblad
answered on Dec 5, 2018

You should visit with a Florida attorney can advise you on how to appropriately amend your trust. This shouldn’t cost too much

2 Answers | Asked in Elder Law for North Carolina on
Q: My,mom has land and has a buyer. She has been in the nursing home for 3 1/2 years on medicaid.. Can state take her money
Richard Winblad
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Richard Winblad
answered on Dec 5, 2018

Maybe. You should visit with a N.C. Attorney. You might be able to save the value.

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1 Answer | Asked in Elder Law for South Carolina on
Q: My dad died Monday and my sister says she doesn't know who the executor of the will is. How do we find out.

Who is the executor of the will? The will is in my sister's hands but she won't open it. Or says she cannot. How do we find out who the executor is? Her name is on the checking account and she is being very sneaky holding back on information.

Richard Winblad
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Richard Winblad
answered on Dec 5, 2018

Read the Will. I don’t practice in your state. But states allow an interested person to file a probate and require the production of the will.

See an attorney in your state.

2 Answers | Asked in Probate for Oklahoma on
Q: What would be a good reason to get a lawyer while going through the probate process?
Richard Winblad
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Richard Winblad
answered on Dec 4, 2018

Don't just get an attorney, get a probate attorney. It is a complicated process there are about 1100 probate statutes. In addition, an attorney should understand title issues. But people do manage to get through probate without an attorney. Here is a sample of the statutes:

2017...
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1 Answer | Asked in Elder Law for Oklahoma on
Q: What should I do if my kids are trying to put me in a nursing home but I refuse to go?
Richard Winblad
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Richard Winblad
answered on Nov 30, 2018

Sorry for your issues.

Unless you are deemed incompetent they probably cannot force you. You may want to explore other options including home health, Oklahoma ADvantage program (assistance provided at state cost to you), assisted living etc.

You should consult your physician for...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My husband and I owned property in Oklahoma joint tenant right of survivorship. Did I become sole owner up on his death

Will a deed from me convey clear title?

Richard Winblad
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Richard Winblad
answered on Nov 29, 2018

Sorry for your loss.

Yes. You are now the sole owner. However, it is important for you to complete and file an affidavit of surviving joint tenant with a certified copy of your husband's death certificate. It is a one page form and requires specific information about the original...
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2 Answers | Asked in Energy, Oil and Gas and Family Law for Oklahoma on
Q: My grandmother with property and mineral rights in Oklahoma dies in Missouri without a will. My father (her son) is

also dead. My siblings and I want to sell mineral rights, but there are individuals who may or may not have a claim (out of wedlock birth). Do these individuals have a legal claim...must they take DNA test? What type attorney do we need to consult on these issues?

Richard Winblad
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Richard Winblad
answered on Nov 27, 2018

This is a fact relevant issue. Current Oklahoma law states: Section 215 - Inheritance by and from Illegitimate Child

For inheritance purposes, a child born out of wedlock stands in the same relation to his mother and her kindred, and she and her kindred to the child, as if that child had...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Does the fact that a death is a suicide affect the terms of that person's will?
Richard Winblad
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Richard Winblad
answered on Nov 26, 2018

I don't see how unless the will was written at time that the person was of unsound mind.

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1 Answer | Asked in Elder Law for Oklahoma on
Q: If my spouse is going into a nursing home, can he or she transfer all of his or her assets to me ...

... and qualify for Medicaid?

Richard Winblad
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Richard Winblad
answered on Nov 19, 2018

Sorry for your issues.

There are many things that can be done to protect the assets. With good planning a couple can preserve most of their assets.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Q: My mother married a man and they lived in OK. He did not have a Will, 17 years later the two properties never probated.

She is bedridden from a stroke living in an Alabama nursing home, and trying to get qualified for Medicaid. We can not pull up the deeds to two properties that he owned with my mothers name on them. She has kept the taxes up on one property that she was living in, but not sure about the other one.... View More

Richard Winblad
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Richard Winblad
answered on Nov 15, 2018

Sorry for your issues.

Unless your mother holds title to the property she cannot sell them. It sounds as though a probate would be needed. Depending upon the situation, your mother be required to share the inheritance with the husband's children (if not alive their descendants)....
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1 Answer | Asked in Probate for Oklahoma on
Q: We took a SMALL ESTATE AFFIDAVIT to the probate office to file it and they told us that they have never seen that form

that we need a petition for probate yet everything says we don't need to use petition for probate if the estate is less than $20,000 which it is -- what do I need to file

Richard Winblad
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Richard Winblad
answered on Nov 12, 2018

A small estate affidavit is usually used to claim property held by a bank or financial institution. If your case involves real estate you might need a probate.

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

Grandmother died in Oklahoma in 1980, had a will. All known assets were held in "joint tenancy" with her surviving daughter. In 2014, unknown minerals in OK were found. Oil company remitted force-pooled bonus consideration to OK. OK demands a probated will for an estate of virtually $0.... View More

Richard Winblad
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Richard Winblad
answered on Nov 8, 2018

If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My father died and my sister has offered me nothing from estate he had land , vehicals and bank accounts .

I have looked on my states public court records and no will has been filed . Does this mean he didnt have one and Im entitled to half his estate ?

Richard Winblad
PREMIUM
Richard Winblad
answered on Nov 7, 2018

Sorry for your loss.

It is impossible to say whether or not he had a will based solely upon an absence of a probate. It sounds as though your father was single at the time of his death. You should have an attorney review the land records to determine what interest he had therein. It...
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2 Answers | Asked in Probate for Oklahoma on
Q: Are there situations where you still need to go through probate even if the decedent had a will?
Richard Winblad
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Richard Winblad
answered on Nov 5, 2018

There are many. Primarily if there is property that cannot be transferred without an order of the court. There are times, however, when probate might not be needed. Visit with an attorney about your situation.

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1 Answer | Asked in Estate Planning, Divorce and Probate for Oklahoma on
Q: My ex-husband passed away without a will. He still owes me 3 years of payments per the divorce degree a lien
Richard Winblad
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Richard Winblad
answered on Oct 26, 2018

You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My dad passed away and his will states that his proberty is left to my brother and everything else is split equally.

Do we still have to file probate?

Richard Winblad
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Richard Winblad
answered on Oct 25, 2018

This may depend on how his property is titled. If he had a home in his own name then probate will be necessary in order to transfer title. You should visit with a probate attorney. This may be eligible for a summary probate procedure.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: A dog keeps coming into my yard, has lots of ticks and fleas can I keep him?

He apparently is a neighbors dog, some man came and asked for him back the first time he was at our house and I suggested a vet appointment and a good bath...a week later (today) the dog is back and in same condition ..can I keep him?

Richard Winblad
PREMIUM
Richard Winblad
answered on Oct 19, 2018

An animal is considered property of it's owner. Therefore, unfortunately, it cannot choose it's owner. Sadly the answer is no unless the dog is given to you by the owner.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: If an Irrevocable Trust is sued, are there any actions the beneficiaries must take in response to lawsuit?

If an Irrevocable Trust is sued, is it the responsibility of the trustees, or the beneficiaries, or both, to take actions to respond to the lawsuit? The beneficiaries were not sued individually, only the trust. As a beneficiary, what do I need to do? This is for a case in the State of Colorado.

Richard Winblad
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Richard Winblad
answered on Oct 19, 2018

It should be the responsibilities of the Trustee, however as a beneficiary you are interested in the outcome. You should consult an Colorado attorney and monitor the developments.

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