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Questions Answered by Richard Winblad
2 Answers | Asked in Real Estate Law for Oklahoma on
Q: If homeowner completed transfer of deed paperwork (signed and notorized) to 2 sons and he dies before paperwork is filed

At courthouse, will this affect home going to probate?

Richard Winblad
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Richard Winblad
answered on Oct 17, 2018

Unless it was a transfer on death deed you be fine. Unless there is a contrary order from the court.

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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: How long does an executor have to distribute funds once final approval is given in court?
Richard Winblad
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Richard Winblad
answered on Oct 17, 2018

If the assets are liquidated, taxes and creditors paid, it shouldn't take long.

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: If a repair shops changes your oil and forgets to put the oil in and damages your motor what law is violated
Richard Winblad
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Richard Winblad
answered on Oct 17, 2018

They violated the Law of Common sense:

Your remedy is to make a claim against the repair shop. If ignored you may want to pursue in small claims court, but you will need evidence of the amount of damage.

1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: I am a court appointed guardian. Can I lease mineral rights for oil n gas without getting a judge to sign off on it?
Richard Winblad
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Richard Winblad
answered on Oct 17, 2018

First:

Oklahoma Statutes Citationized

Title 30. Guardian and Ward

Oklahoma Guardianship and Conservatorship Act

Sale of Property

Article Article IV - Miscellaneous Provisions

Section 4-759 - Personal Representatives May Sell Oil, Gas and Mining Leases...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Can my dad will me his business or is there some other step he has to take beyond that to ensure his business transfers

to me when he dies?

Richard Winblad
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Richard Winblad
answered on Oct 15, 2018

I agree with Mr. Morrel:

A trust might be more appropriate in this situation.

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1 Answer | Asked in Probate for Oklahoma on
Q: I have a couple of questions related to each other. About probate.

My mother in law passed away and we need to know the statute of limitations in oklahoma for filing with the probate court. She did not have a will or trust. Also we have been living in her home that she owned but our names are not on the deed. We recently found out that the house is gonna be... View More

Richard Winblad
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Richard Winblad
answered on Sep 28, 2018

The back taxes is the most pressing topic. You can stop the auction by paying them.

There is not a statute of limitations to file a probate action. If your mother had no Will or Trust then the rules of intestacy determine who inherits her assets including her home. You should visit with...
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2 Answers | Asked in Probate for Oklahoma on
Q: So my dad had a living trust - is that what we submit to the court?
Richard Winblad
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Richard Winblad
answered on Sep 26, 2018

If done properly you will not need court supervision. If things were left out of the trust you might need to file probate. You should have it reviewed by an estate planning attorney.

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3 Answers | Asked in Criminal Law for Oklahoma on
Q: My sister was Caretaker for our Mom and stole $21000 from her retirement acct and spent it on Oxy (#600). What can I do?

She also was supposed to use her SSI to pay bills, and didn't pay any, but the money is gone, Losing the house, car, maxed out all CC's, a d defaulted a $11000 loan. And continues to spend Moms check to fund her lifestyle. She is bankrupt left with only her SS Check to live on.

Richard Winblad
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Richard Winblad
answered on Sep 26, 2018

Contact Adult Protective Services. You may also look at seeking a guardianship for your mother to take control of her assets. You might be able to dispute credit card charges if they were not authorized by your mother. You may also need to involve law enforcement.

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: How do I sale my parents house if my sibling does not want to do it

Both my parents are deceased, and we have done probate and everything is ready to divide up. The problem is my only sibling is dragging her feet on selling the house. What are my options and how can I force the sale?

Richard Winblad
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Richard Winblad
answered on Sep 25, 2018

If you sibling does not want to sell and you own an interest in the home you can ask the court to partition the property. Which, in your case, would probably result in its sale. However, this is costly and requires an attorney's assistance. If the probate case is still open you can probably... View More

1 Answer | Asked in Estate Planning for Illinois on
Q: What rights do beneficiaries have to see a trust they are named in. Can they get a copy of the trust and certification?
Richard Winblad
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Richard Winblad
answered on Sep 25, 2018

Your state probably provides remedies though the courts if a Trustee is uncooperative. These may include requiring that you be shown the trust and/or removal of a trustee. You will need the help of an experienced Illinois attorney.

2 Answers | Asked in Elder Law for Florida on
Q: I am on Medicare/Medicaid. I live in a home that I own 50/50 with my gentleman friend. I have inherited $50,000. from

my brother and I would like to buy my gentleman friends half of the home and own it myself. I know Medicaid will stop until I spend down the inheritance.

Is buying the 2nd half of the home an allowable way to spend down the money?

Richard Winblad
PREMIUM
Richard Winblad
answered on Sep 25, 2018

You should visit with an elder law attorney in Florida.

The transaction you are contemplating sounds reasonable if you are receiving equal value in return. You might also consider other items such as a vehicle, prepaid funeral, repairs, etc.

Again, it is worth a visit with a...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: My father passed away while being separated for over 4 yrs living in separate states. She kicked him out.

He did not have a will. He inherited money right before his death. Is she entitled to any of the money. They haven't spoken in months We live in Oklahoma

Richard Winblad
PREMIUM
Richard Winblad
answered on Sep 25, 2018

Sorry to hear of your loss. It sounds as though your father had children apart from the union with his estranged wife. Unless they were divorced, it appears that the estranged spouse will inherit a portion. This statute probably applies if he did not have a Will:

d. if there are...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: How does an advanced healthcare directive work in the context of estate planning?
Richard Winblad
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Richard Winblad
answered on Sep 21, 2018

It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.

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1 Answer | Asked in Estate Planning and Elder Law for Colorado on
Q: Do estranged family members have to be notified when my father passes away? He demands they know nothing about his death

I was recently made head of my dads will, estate power or attorney etc. His wishes are that his estranged daughters (been absent from his life since 2010). Not be notified of his passing and his will specifically states they are to get nothing. No major assets, Money or property. Just personal... View More

Richard Winblad
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Richard Winblad
answered on Sep 20, 2018

If a probate is filed your state will likely require that they be notified as an heir even if the Will disinherited them. Check with a Colorado attorney.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it illegal for a felon to be in possession of a police scanner radio in the state of Oklahoma?
Richard Winblad
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Richard Winblad
answered on Sep 20, 2018

It appears not to be a question about who owns it but how it is used. See:

21 O.S. § 1214

It shall be unlawful for any person to operate a mobile radio capable of receiving transmissions made by any law enforcement agency for illegal purposes or while in the commission of a crime...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Do I have legal right to obtain a portion of deceased parents belongings/ or debts without a will

Who decides executorship?

Richard Winblad
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Richard Winblad
answered on Sep 20, 2018

Probably, this is generally governed intestacy statutes where the children (or their surviving decedents) inherit if there is no Will. A court would appoint a special administrator or personal representative to administer. Generally, debts of the decedent must be satisfied first.

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oklahoma on
Q: Can someone speak/represent someone with the defendant present, for a small claims civil matter?

Bought a "as is" car and signed everywhere that vehicle is "as is", yet taking us to court because the $1,050 vehicle has issues.

Richard Winblad
PREMIUM
Richard Winblad
answered on Sep 20, 2018

This is a great question. Generally judges are disinclined to allow a non-attorney to participate in proceedings. However, there is the authority to allow an agent under a power of attorney to participate on behalf of his or her Principal.

Attorney General Opinion 03-026 reads concludes...
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1 Answer | Asked in Probate for Oklahoma on
Q: I am named executor and sole heir of my late father's estate. He left an auto, titled in Iowa in his name only.

However, the Oklahoma Tax Commission insists they will not transfer the title to an Oklahoma title, and put it in my name, because it is an out of state title, unless I produce a document signed by a judge confirming that I am my late father's personal representative. I have Dad's will.... View More

Richard Winblad
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Richard Winblad
answered on Sep 13, 2018

it appears that Iowa will transfer title to your and won't require a probate if you use this form:

http://www.co.plymouth.ia.us/Services/PDF/Forms/DOT_411083.pdf

2 Answers | Asked in Probate for Oklahoma on
Q: My mom just passed away in Oklahoma, no will, just her name on all of her bank accounts, which she has money in

We are planning the funeral, trying to pay her bills and rent but cant, we are not on account, can we use her back debit card and then how do we settle with the bank on the remaining money

Richard Winblad
PREMIUM
Richard Winblad
answered on Sep 13, 2018

The bank should release it if it is under $50,000 and you are able to present a small estate affidavit. If the funds are in excess of $50,000 then a small estate probate will be needed.

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