To better answer your question, I need to read his POA and the Living Trust. However, the problem with both documents is that they are REVOCABLE by him. As a result, you may need to begin guardianship proceedings in the County where he lives. A judge can only remove a court-appointed guardian.

If a person dies without a will, they have died "intestate."

The next step is for someone to file a "Petition for Probate" and describe how a search for the will was made but no will was found.

The Probate Court then looks to the default distribution rules for... View More

Quite frankly, I think the "payout" is the least of your concerns right now.

Obviously, the place to start is with whatever contract, operating agreement (LLC), partnership agreement or shareholder agreement (corporation) you may have. These documents frequently make reference to... View More

According to the IRS, you can claim someone as a dependent if you provide for more than half of their support. But, this rule can be modified if there is a divorce decree or some other governing document.

Assuming that you meet the requirements, I should warn you that it gets more... View More

Congratulations, you have landed on a real "hot-button" topic - especially when Oklahoma is suffering from a budget crisis.

To be honest, I really need more facts to be able to advise you properly.

But let me give you something to consider. The statute-of-limitations... View More

This is a very good question, and a topic at a continuing education conference I recently attended.

Ultimately, it does depend on how much her dementia impacts her ability to understand what is going on.

Some people may not be able to drive, but can still understand what is going on... View More

Paying real estate taxes does not make someone the owner of the house.

As far as the State of Oklahoma is concerned, your mother-in-law is still the owner. The way to correct this is to file a probate case.

Anyone of the siblings can file a probate. As part of the paperwork, it will... View More

Good question. In all fairness, the value of your estate should not be the primary motivator for hiring an estate planning attorney.

A proper estate plan will describe what actions need to take place to take care of you (your actual physical person) and your property. This... View More

The quick answer to your question is that the probate process is a very technical area of the law, and an easily overlooked "mistake" could prove to be very costly and detrimental to your position.

Don't worry about the lions, and tigers, and bears that you hear coming. Worry... View More

First of all, I am sorry to hear about your loss.

The only situation that I am aware of involved a murder-suicide.

Spouse #1 killed Spouse #2. Spouse #1 then committed suicide.

Spouse #1 cannot inherit from Spouse #2 since they were the cause of death.

For this and... View More

I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.

If it is not clear, I would have your wife's lawyer contact the... View More

When you file your probate paperwork (the petition) with the court, you actually attach the original will as an exhibit.

Yes, you need to go through probate to see that the will is appropriately administered.

Yes, there are other steps you need to take. I DO NOT recommend the use of a will to transfer a business because it may take to long to complete the necessary steps.

There are several methods that can be used to transfer your Dad's property interest in his business to you.... View More

One of the main reasons why a person prepares a "Living Trust" is to avoid the need to probate a will. Consequently, you may not need to submit anything to the Probate Court.

However, if your Dad owned property that was not owned by the "Living Trust", then you will... View More

You probably should consult with an attorney on this one. Your specific case will be very "fact-intensive."

In order to sign a contract, you must have "legal capacity." If your grandmother did not have legal capacity (due to Alzheimer's), the next question to ask... View More

In traditional estate planning, we are concerned with 2 major areas. The first is the "health" of the client, and the "second" is the property of the client.

When dealing with the "health" of the client, we are concerned about 2 time periods. The first time... View More

In a probate case, the petitioner (you, on behalf of your family) will:

1. Gather ALL the assets of your Dad (real estate, bank accounts, tangible property, etc.)

2. Determine any taxes owed (federal and state income tax, real estate tax, etc.)

3. Determine any debts owed... View More

Yes, you may petition for Guardianship but you will need someone residing in Oklahoma to help "administer" the Guardianship - someone that the Court has authority over.

Welcome to the murky waters of employee vs. independent contractor.

Part of the problem is that you have several agencies - both federal and state - with overlapping jurisdiction.

In Oklahoma, you have the IRS, the OTC and the OESC just to name a few.

Not only that, but a... View More

It depends on how you have "disowned" them.

If you do not have any estate planning documents such as a will or trust, then a Probate Court will follow the Oklahoma statutes as to how you property is distributed to your heirs - which can include your children.

YOU are able... View More