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Questions Answered by Charles Watts
1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Next of Kin laws/probate

My aunt was adopted by my biological grandfather before I was even born. We never believed less than blood relation. In her passing, she has family disputing my relationship; "step" is what they're saying. She may have had a will, but that family has taken several documents from her... View More

Charles Watts
Charles Watts
answered on Dec 30, 2021

You need to contact an estate/probate attorney as soon as feasible. It may have already been placed into probate or it may not have been. It just depends how aggressive they are and if they have an aggressive attorney. You need someone that can put some time in this since you are out of state. It... View More

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: The statutes listed on my citation are incorrect, and the fines for speeding I CAN find (title 47s) are 100$ less

They are listed as title 15 violations, (speeding and not carrying DL) my understanding is I can present my valid DL and have that dismissed, but the speeding one is also 100$ more than the statute lists. Can I get it reduced?

Charles Watts
Charles Watts
answered on Dec 30, 2021

Depends if it was a municipal, county or state. Municpalities can set their own fee schedules. Additionally if it were in construction zone, school zone or other contributing factors then the fee could be higher as well. You can try to get it lowered but chances are it will cost more to get it... View More

1 Answer | Asked in Civil Litigation and Tax Law for Oklahoma on
Q: Is there a law or statute that applies to hotels/motel stays and rates after 30 days in regards to taxes ect?
Charles Watts
Charles Watts
answered on Dec 30, 2021

In essence the answer is no, but the Oklahoma Administrative Code 710:65-19-143 does spell it out a little.

Hotels, motels, apartments, etc.

(a) The gross receipts from the furnishing of rooms, except meeting rooms, by a hotel, apartment-hotel, cottage camp, or lodging house...
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1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... View More

Charles Watts
Charles Watts
answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Is my marriage invalid if my husband find out he never got a divorce from his first wife?

He went to court to file for a divorce from her and he has gotten remarried.

Charles Watts
Charles Watts
answered on Dec 21, 2021

In Oklahoma you can only have one valid marriage ((even if it is a non-ceremonial one — aka common law)). Therefore if a person is married they cannot legally marry another person and it be considered as valid this the marriage that took place while he was already married is null and void. You... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: 2014 Oklahoma Statutes Title 21. Crimes and Punishments §21-642. Battery defined

Has this changed?

Charles Watts
Charles Watts
answered on Dec 20, 2021

A battery is any willful and unlawful use of force or violence upon the person of another.

1 Answer | Asked in Land Use & Zoning and Landlord - Tenant for Oklahoma on
Q: Bought a house from heritage housing in Oklahoma City. Signed all the paperwork and put down $2500 about three month ago

Got notified today a week before delivery price had gone up $7000. Can they do that? After I’ve already signed and paid a deposit?

Charles Watts
Charles Watts
answered on Dec 20, 2021

You should contact an attorney who can review your contract and paperwork to determine if they have that ability or not.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can I own a gun if my husband is a felon?

I am not a felon, my husband is. Can I own a gun? I would store it in a safe that only I have access to.

Charles Watts
Charles Watts
answered on Dec 13, 2021

Technically - yes you can, so long as you store in such a manner he cannot have access to it. Be very careful in what he has access to since if he is found with access to it then he could be charged with possession after former conviction.

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Oklahoma on
Q: What info can one use to prove common law marrige in oklahoma?
Charles Watts
Charles Watts
answered on Dec 13, 2021

Proving common law is a fact-finding adventure and you should consult with a family law attorney to assist you. While it may seem very easy it in fact can be challenging to prove.

1 Answer | Asked in Adoption, Family Law and Elder Law for Oklahoma on
Q: Re: guardianship of my mom. My siblings were adopted out of the family. Do I need to serve official notice to my them?

I am the only one of my mom's children who wasn't legally adopted. I'm wondering if I should go through the process of paying a sheriff/process server to deliver the notice of guardianship petition.

Charles Watts
Charles Watts
answered on Dec 9, 2021

Since an adopted child still receives a childs portion of the estate of biological parents, I would send them notice in this matter as well. However, you can send it via certified mail and this is cost less than the sheriff/process server.

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: In Oklahoma, if I’m wearing my seatbelt but have the shoulder strap behind me. Can I be written a ticket?

I was written a ticket for improperly wearing my seat belt because the shoulder strap was behind me and not going across my chest. If this is a legitimate violation can some please point me to the state statute on the violation.

If there was a malfunction with the shoulder strap, as it... View More

Charles Watts
Charles Watts
answered on Nov 22, 2021

Yes you can be written a ticket for that.

47 O.S.§12-417

A. 1. Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or a passenger vehicle operated in this state shall wear a properly...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My spouse and I still currently live together and he filed a petition for dissolution of marriage without a summons

With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?

Charles Watts
Charles Watts
answered on Nov 13, 2021

Just because you haven’t been served does not invalidate the petition. However, since you have not been served properly your time does not start for your response. You should contact an attorney to help you file a response with counter-petition and thus indirectly you are filing your own... View More

1 Answer | Asked in Child Custody for Oklahoma on
Q: Is the western cherokee tribe of AR and Missouri protected by the icwa laws
Charles Watts
Charles Watts
answered on Nov 11, 2021

ICWA applies to all "Federally Recognized Tribes" -- I am not an expert in Native American tribes (therefore you should consult someone who has extensive knowledge on the tribal recognition), but it is my understanding that Western Cherokee Tribe of AR and Missouri are NOT recognized as a... View More

2 Answers | Asked in Contracts for Oklahoma on
Q: In oklahoma, if you have a contract with another person but only one person signs the paper, is it still legal?
Charles Watts
Charles Watts
answered on Nov 11, 2021

Contract is formed when two parties have a mutual agreement and consideration. This is why oral contracts are technically still a valid contract. However, since you have attempted to formalize it with a document, this leads the courts to believe that an agreement is made when both parties have... View More

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1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: My child’s father hasn’t been doing his weekly visitation for the last 6 months but wants to start again

I was about to file for contempt of court and see if I could get the order dismissed and some custody. Do I have to let him do his visitations again? He’s done this multiple times where he’ll call for a month or two and stop because he’s mad that I won’t give him money even though he’s... View More

Charles Watts
Charles Watts
answered on Nov 11, 2021

If there is a court order that is granting him visitation, then you have to allow him the opportunity to follow that. If he chooses to not visit, that is his choice, but you cannot violate the court order. You can still file a motion to modify visitation and enforcement of child support, but in... View More

2 Answers | Asked in Employment Law for Oklahoma on
Q: Can a healthcare worker that worked the entire pandemic thus far, be terminated for refusing the vaccine in Oklahoma
Charles Watts
Charles Watts
answered on Nov 11, 2021

This is an evolving issue. Contact an employment attorney for more details, however, Oklahoma is an at will state and therefore they business can terminate for almost any reason so that it isnt a constitutional issue (race, religion, age, sex, etc...).

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2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: Should my sister and I inherit my late father's portion of our grandparent's estate?

My father passed away in 2012, His parents outlived him. He has 3 siblings. My father has 2 daughters. My father was married. My grandparents both have passed in2018. I just have learned that my aunt and Uncle replaced my father(after he passed)in the family Trust with my stepmom, leaving me and my... View More

Charles Watts
Charles Watts
answered on Nov 11, 2021

You need to contact an estate/trust attorney on this. If in fact the trust specified that you receive your fathers portions then that would be the case. However, there are always complications. If something was not put into the trust then that would not necessarily be transferred to you, or if... View More

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2 Answers | Asked in Divorce for Oklahoma on
Q: If my wife was already has a boyfriend outside the marriage does not give me ground for divorce

If my spouse is already in a relationship with somebody else do I have grounds for divorce

Charles Watts
Charles Watts
answered on Nov 5, 2021

Incompatibility or irreconcilable differences is all you need to get divorced. I would advise you to contact an attorney to make sure everything is completed properly.

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1 Answer | Asked in Probate for Oklahoma on
Q: We children inherited our parents home upon the death of our father. His second wife has homestead rights.

Do we as owners of the house pay the property tax and insurance or does our step mother who will remain in the home?

There is no mortgage on the home. The house is in Oklahoma.

Charles Watts
Charles Watts
answered on Nov 1, 2021

You may look into the will/trust that passed the home to you. But if she was granted rights to be there your failure to pay the taxes would in essence force her to move and therefore not allowed. You as the property owners are responsible for the taxes to be paid. -furthermore, even if the... View More

1 Answer | Asked in Car Accidents and Constitutional Law for Oklahoma on
Q: My daughter was left alone at scene when her dad was taken to jail for warrants..is this illegal in oklahoma?

I was across town when i got the call and raced to the scene, but by the time i got there my daughter was sitting in the front of a police car and her dad had already been taken to jail and car was being towed away. My daughter was left alone, her dad handcuffed and taken to jail and car towed... View More

Charles Watts
Charles Watts
answered on Nov 1, 2021

Based on what you have stipulated in the question, your daughter was left with another officer. So short answer, Yes a minor can be left with another officer while her father was escorted to jail.

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