Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Timothy Carignan
2 Answers | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My father passed away in 2020. My stepmother remained in his house per his wishes.

It was a verbal agreement that she would remain in the home until she passed, or no longer wanted to live there. I recently discovered that she transferred ownership of the property to her son? Can I take this to probate court or has to too much time passed?

Timothy Carignan
Timothy Carignan
answered on May 31, 2024

Normally, any transaction involving real property needs to be in writing. If there is anything, even in a letter, to indicate that this was your father’s desire for you to ultimately become owner of the property, it would help your case. If it passed completely to your stepmother, the she would... View More

View More Answers

2 Answers | Asked in Criminal Law for Oklahoma on
Q: what classifies a drug charge as traffing ,is it the amount or the way the substance is packaged when it's found?
Timothy Carignan
Timothy Carignan
answered on Mar 22, 2024

It can be either. If the amount is more than what people would consider “for personal use,” or if it’s packaged in such a way that it can be easily sold, it will be considered trafficking. Even small amounts can carry the higher charge if behavior implies that you’re planning to sell it.

View More Answers

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: My ex roommate and I got a dog, the dog is in his name adoption wise, but he never cared for her and now wants her?

Basically me, & 3 other roommates wanted an animal for our home. We agreed she wasn’t anyone’s specifically since we had a ways to go until any of us would go separate ways. Anyways, she was put in one’s name because he’s the only one that had an id on them at the time. Now he never... View More

Timothy Carignan
Timothy Carignan
answered on Feb 19, 2024

According the law, dogs are personal property, like any other. Whoever paid for the dog would probably have the strongest claim on it.

Being "registered as an emotional support animal" is meaningless in court; there is no ESA registry, and it would still not override a claim based on purchase.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is it illegal in the state of Oklahoma to not identify yourself during a police investigation?

Officers arrived on scene and placed me in handcuffs off bat. I was being detained off of reasonable suspicion and I refused to give my name. Meanwhile, officers ask questions and turns out there is no probable cause for an arrest. While asking questions officers found out that the suspect in... View More

Timothy Carignan
Timothy Carignan
answered on Jun 22, 2024

Yes, it is illegal to fail to identify yourself to police officers in the course of an investigation. This person could have saved himself a lot of time and trouble by simply telling the police who he was.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: How to transfer land deed to children after death with Will, avoiding probate?

I live in Oklahoma. My mom passed away in 2019. She had a Pour over will and trust. Her home was deeded into the trust and the transfer of everything went smoothly without probate. However, after all was said and done, my brother and I realized my mom had inherited a piece of land (1 acre lot in a... View More

Timothy Carignan
Timothy Carignan
answered on Jun 18, 2024

If that piece of land was not part of the trust, then it now has to go through probate. There’s nothing else than can be done now.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Will I go to prison for $4,000 in unemployment fraud that I didn’t mean to commit
Timothy Carignan
Timothy Carignan
answered on Jun 15, 2024

There are no guarantees in law, but if this is a first offense, I’d expect restitution (paying back the $4000), a fine, court costs, and probation.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Public Benefits for Oklahoma on
Q: A deceased husband not living with wife. What is she entitled to ?
Timothy Carignan
Timothy Carignan
answered on Jun 12, 2024

If they’re still married, it doesn’t matter if they’re living apart. Typically, if a person dies without a will, the wife will receive everything unless there are children. This is yet another reason that everyone needs a will.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: I was riding as a passenger during a traffic stop. The offficer demanded I Identify myself, told him my brother’s name

I am being charged with a felony, false personation.

Can I legally be charged with that being that I was not creating any liability whatsoever?

Timothy Carignan
Timothy Carignan
answered on Mar 28, 2024

Yes. That created a violation of the law, even if one didn’t exist before.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If the name is misspelled on almost every court document. Could this be a reason for a dismissal?
Timothy Carignan
Timothy Carignan
answered on Mar 26, 2024

No. A minor mistake like that is called a Scrivener’s Error. It’s blamed on the person typing up the paperwork that someone else directed. If it’s pointed out, the case won’t get dismissed; it will just get corrected.

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law, Small Claims and Education Law for Oklahoma on
Q: Can a 13 year-old be charged for telling another 13 year-old to kill themselves if it leads to an attempt or planning?

My niece was humiliated at her school’s lunch, given a list of people who dislike her, and was told to kill herself. She then had a breakdown immediately following and the school had to send her to the hospital where she was referred to a child’s psychiatric unit in Tulsa, OK. I was told she... View More

Timothy Carignan
Timothy Carignan
answered on Nov 3, 2023

There have been cases of juveniles prosecuted for bullying a person to death. The schools will do something in their control to discipline these children, but there's a good chance they won't contact the police or Child Services in an attempt to minimize the exposure. If they don't,... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a deputy has not been released by doctor to go back to duty can my case be thrown out If he is the arresting officer.

Criminal case

Timothy Carignan
Timothy Carignan
answered on Jun 19, 2023

No. He can either be cleared enough to testify or he can be deposed by video, if necessary. It probably wouldn’t even be thrown out if he was dead.

1 Answer | Asked in Family Law for Oklahoma on
Q: Does a child have rights to the parents estate after parental rights are relinquished?
Timothy Carignan
Timothy Carignan
answered on Jan 23, 2023

The short answer is No. Unless the child was specially named in a will, the child will not inherit. A provision for “all of my children” - or worse, no will at all - will not include a child who is legally considered someone else’s child.

1 Answer | Asked in Juvenile Law for Virginia on
Q: Can i (15 in a month 16) date a 23 year old legally? Im from the Netherlands and hes from Virginia.
Timothy Carignan
Timothy Carignan
answered on Jan 14, 2023

Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.

3 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: Who can make the father give the mother back her child if they were never married, and there is no custody order?

In Oklahoma, father (on birth certificate) is keeping (under 1 year old) away from mother. Father has protective order against mother and hasn’t let mother see child in over a month. Is there someone she can call to make him give her the child?

Timothy Carignan
Timothy Carignan
answered on Dec 22, 2022

She can go to family court and get a custody agreement in place. Even if father and mother can’t get along, the child has the right to have as much time as possible with each parent.

View More Answers

1 Answer | Asked in Family Law for Nevada on
Q: What if the child’s mother is continuously breaking the legal agreement/paperwork?

My daughters mother keeps taking her out of state without notifying me, she posts on social media that she’s drinking and I’m worried about my child’s safety. They’re in an unfamiliar area and if she’s intoxicated I don’t want her to be driving my kid around drunk. I’m too far away to... View More

Timothy Carignan
Timothy Carignan
answered on May 9, 2021

She can get in trouble for denying you your court-approved visitation and for endangering the children, if she drinks and drives with them. You need to go to family court - preferably with an attorney- and present that evidence to the court. They will modify the order as they see fit.

1 Answer | Asked in Family Law and Child Custody on
Q: I have 2 children born out of wedlock in south africa I am the mother

I have supported them since they where born. I got married not to my children father and my husband supports my children the only thing my ex pays is my son school fees. He now wants my son only doesn't care about my daughter. My son is 13 how can I prevent this from happening we never went to... View More

Timothy Carignan
Timothy Carignan
answered on May 9, 2021

If you honestly believe that your ex is likely to abduct your child, you need to go to family court immediately. You can’t simply deny him the right to see his child, but you can’t risk the child’s safety, either. You need a court-approved visitation plan.

1 Answer | Asked in Family Law and Landlord - Tenant for Oklahoma on
Q: Can I remove my 18 yr old daughter and her 20 yr old girlfriend without legal eviction?
Timothy Carignan
Timothy Carignan
answered on May 5, 2021

They are both legal adults. If they aren't paying rent, then they aren't tenants and don't have the rights that tenants have. You can ask them both to leave, and you can call a sheriff if they refuse.

However, this will almost definitely do great harm to your relationship...
View More

1 Answer | Asked in Animal / Dog Law for Virginia on
Q: The county had took my dogs and we now have a court date to try and get them back how likely will we be to get them back
Timothy Carignan
Timothy Carignan
answered on May 5, 2021

It depends on why the county took them away.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... View More

Timothy Carignan
Timothy Carignan
answered on May 5, 2021

If the new protective order hearing was based on the same facts as the older hearing, and it had been heard before a judge (not dismissed or withdrawn), then a new hearing would be barred for res judicata. If there was a significant difference in facts (different charge, different date, etc.), then... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.