Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Reece B. Morrel Jr
1 Answer | Asked in Probate for Oklahoma on
Q: How do I cash a check that is in my deceased mother's name
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Aug 3, 2018

Without knowing more facts, it is hard to say.

The amount? Who from? Date of check? Will you be filing a probate? Does she have a joint bank account? Who are the heirs? etc.

You should contact a lawyer.

1 Answer | Asked in Probate for Oklahoma on
Q: Biobiologicaa father dies and has no surviving spouse has a deceased son with living children, an adopted daughter and

A biological daughter living at the time of death. There is a will naming one of the deceased sons children as a heir receiving 45 acres and the living bio daughter receiving 47 acres the house and everything in it and on those acres and listing the adopted daughter with 1 acre of land. .... But... Read more »

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Aug 3, 2018

Typically, the Probate Court will go to great length to see that the Decedant's wishes as expressed in his or her Last Will and Testament are honored - unless, someone can prove up some type of undue influence. Undue influence doesn't seem to be the issue here.

Thus, things look...
Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Oklahoma on
Q: What are the pros and cons of my parents adding me to their deed?

Their house is worth $70,000. They have agreed to sell it to me for $35,000 which I would give them now so they can have money for an emergency or any medical bills they might have. They are going to continue living there until their death and will leave the house to me. They don’t feel... Read more »

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Aug 2, 2018

You may want to consider a Transfer on Death Deed. On the death of your parents, you will receive a "step-up" in basis to the "fair market value" as of their date of death. This stepped-up amount will then be used in the calculation for capital gains.

One of the...
Read more »

View More Answers

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Can someone with a criminal record be a trustee?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 27, 2018

Technically? Yes.

As an example, suppose a person (aka the Grantor), creates a revocable living trust appointing themselves as the Trustee. If the person who is both the Grantor and Trustee has a criminal record, then the answer is "Yes."

More facts would be helpful....
Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: When an estate is going through probate can it be occupied?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 24, 2018

First of all, in a Probate case an "ESTATE" refers to all the property (i.e. real or personal, tangible or intangible) that the person owned at the time of their death.

So, if I may rephrase your question, I think you are asking if a house owned by an estate can be occupied during...
Read more »

1 Answer | Asked in Elder Law for Oklahoma on
Q: Does having an IRA impact Medicaid eligibility?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 20, 2018

This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?

The thing to remember, is that Medicaid can look...
Read more »

1 Answer | Asked in Business Law for Oklahoma on
Q: I currently have a business in the residential construction industry. How can I use it to run a commercial company?

My residential business has the word "homes" in it but I would like to start running commercial projects that excludes the word "homes". How can I do so without getting a new LLC, insurances, etc.?

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 13, 2018

It sounds like you currently have an existing LLC. If so, this is a relatively easy process.

You need to surf over to the Oklahoma Secretary of State website, and look for the Trade Name Report.

The filing of this document allows a business entity to use a name other than its...
Read more »

1 Answer | Asked in Divorce and Estate Planning for Oklahoma on
Q: Is it allowed to change the beneficiary of an IRA from the spouse to the children during a divorce?

My mother in law passed away in November 2017. Before she passed, she changed the beneficiary on her IRA from her estranged husband to her sons. She requested the investment firm do this & it was done. I was told she had the type of IRA that allowed her to do this. Her estranged husband new... Read more »

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 11, 2018

Based upon the facts that you have shared and without seeing the documents involved, my initial answer is no. I do not believe that the estranged husband can challenge the sons being selected as the primary beneficiaries and recipients of the proceeds from the IRA.

But it is not a...
Read more »

2 Answers | Asked in Estate Planning and Tax Law for Oklahoma on
Q: I live in Oklahoma and am trying to give someone power of attorney for me. How can I do this?

I have found many online forms, but have no idea how to make them legally binding. How do I do this? Should I use an online form? Does it have to be notarized or something else? Thank you in advance!!

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 18, 2018

I agree with Richard - be very careful with online forms. They may be sufficient for states with large populations such as California, New York or Texas. But Oklahoma is a little more that 1% of the US population. How can they afford to spend an adequate amount of time customizing their general... Read more »

View More Answers

1 Answer | Asked in Probate for Oklahoma on
Q: Am I liable for the debts of a deceased parent if he died without leaving a will?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 5, 2018

You have asked a very good question. Unfortunately, the best answer for you depends upon the specific facts of your situation.

In general, a third party (you) is not responsible for the debts of someone else (your parent). But there are always exceptions.

However, it is important to...
Read more »

2 Answers | Asked in Business Law for Oklahoma on
Q: My wife is a business owner, does she have to have a permit to carry a firearm while in her business?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 5, 2018

Unfortunately, you did not provide enough facts to enable us to answer the question.

That decision is left to the owner of the property.

If she leases the property, then I would recommend that a review of the lease is in order.

View More Answers

2 Answers | Asked in Probate for Oklahoma on
Q: Why would my uncle need my signature to make him executor of my grandfathers estate?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jul 2, 2018

You may find this helpful:

Oklahoma Statute Title 58 Probate Procedure Section 122 - Persons Entitled to Letters of Administration

Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are...
Read more »

View More Answers

1 Answer | Asked in Elder Law for Oklahoma on
Q: How do you go about getting power of attorney for an aging parent?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 25, 2018

I would recommend that you and the parent meet with an lawyer to discuss the situation. (Not just any lawyer. But a lawyer familiar with estate planning and elder law issues.)

If the parent has legal capacity and voluntarily agrees to do so, the lawyer can promptly prepare the necessary...
Read more »

1 Answer | Asked in Tax Law, Contracts, DUI / DWI and Personal Injury for Oklahoma on
Q: IS THERE A TAX LAW THAT TAKES HALF OF THE 25,000 RT OFF THE TOP THAT I HAD BEEN AWARDED BECAUSE OF AN ACCIDENT THE PERSO

The 25,000 is the amount the person carried so they automatically said the taxes take half which left me with 12,500 is this tax deal true

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 25, 2018

With the limited facts you have given, it is hard to determine what is going on - but, I am suspicious.

First of all, it is common to have taxes "withheld" in a variety of transactions. These can include withdrawals from retirement accounts, winnings from slot machines, etc. And...
Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Do I have to give him the car

My grandpa passed six months ago I had the car and title which was signed already by my grandpa and he passed shortly after, I had not registered car yet I decided to wait awhile pending a will, which was not found so I registered and titled car in my name fast forward six months later his brother... Read more »

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 21, 2018

Since I have not seen any of the documents, let me give you some general principles.

The overall purpose of a probate is to 1.) identify and collect the assets; 2.) pay the taxes of the decedent; 3.) pay the taxes of the decedent; and finally 4.) distribute any remaining assets as best as...
Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: If no one is going to object to the will, why does it have to go into probate?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 21, 2018

I know this sounds a little unusual, but if you stop and think about it a probate case is "court-monitored forgery".

When we are dealing with "evidences of title" (my own made-up term) such as car titles, deeds, bank accounts, etc. our legal system requires a signature....
Read more »

View More Answers

3 Answers | Asked in Probate for Oklahoma on
Q: Is there a time frame to put a will in probate after death?
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 21, 2018

Promptly, but .....

Many times people will use a trust to avoid the delay and expense of probate. Thus, the filing of a probate is unnecessary since the issues of the assets, taxes, or debts are handled through the trust.

But what frequently happens - especially in Oklahoma -...
Read more »

View More Answers

2 Answers | Asked in Estate Planning for Oklahoma on
Q: When assigning an executor to our will, do they need to be living in the state of Oklahoma or can they live out of state
Reece B. Morrel Jr
Reece B. Morrel Jr answered on Jun 19, 2018

Legally, is is not necessary for the Executor (aka Personal Representative) to live in Oklahoma.

Practically, the Estate of the descendant may incur additional expense since it may be necessary to reimburse the Executor for their travel expenses.

Another point to consider is the...
Read 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.