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Oklahoma Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Does new POA automatically cancel out old POA even though there is no clause to revoke ?

I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you

Charles Watts
Charles Watts
answered on Mar 23, 2023

POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... Read more »

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Oklahoma on
Q: My dad has dementia since 2020, I was poa. My daughter had him sign new poa in 2021not revoking mine, is this valid?

The new poa does not include clause to revoke previous poa. Will the new poa be valid? I was not notified and only found out when I contacted bank to do draft for his electric bill and was told by bank there was new poa.

Anthony M. Avery
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Anthony M. Avery
answered on Mar 24, 2023

That is a de facto revocation of your POA... If you think Father is incompetent, and being taken advantage of, you might hire an OK attorney to start a Conservatorship.

1 Answer | Asked in Estate Planning, Real Estate Law, Arbitration / Mediation Law and Probate for Oklahoma on
Q: How can I get my part off my inheritance of my sister's won't sell house my mom left us all? They are living in it.

My mom left her 5 children her house in a will. All our names are on the deed. My 2 sisters live in the house and will not sell it. They won't let me see the will and get nasty when I mention them buying me out. Last I remember was my mom saying it was suppose to sell but not sure if it was... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 20, 2023

If the Will was Probated then it will be at the Courthouse. Hire a competent OK attorney to file suit for a Sale For Partition.

1 Answer | Asked in Estate Planning, Adoption and Probate for Oklahoma on
Q: I need help locating the Oklahoma statute about children who have been adopted out in regards to intestate succession.

I was told there was a statutue that said children who have been adopted out can still inherit from their biological parents if the parent dies intestate, but I am having trouble locating it to verify if it is correct. Is this correct and can you please help me locate the statute that confirms or... Read more »

Charles Watts
Charles Watts
answered on Jan 10, 2023

Yes this is correct. A child who has been adopted inherits from both the biological parent as an equal child share and from the adoptive parent as an equal child share. So long as there is not a will in which specifically omits that child - This is a combination of statutes (Title 84 of OK... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Family Law for Oklahoma on
Q: My 83 year old father is being scammed and he’s sending money to who he thinks is a 20 year old that’s wanting to marry

him. He has sold his home and last payment for it will be in June. He is not listening to family and he’s opened up a 3rd bank account. I have POA on his living trust. What should I do?

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Jan 4, 2023

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.

1 Answer | Asked in Estate Planning, Family Law and Probate for Oklahoma on
Q: My spouse filed for divorce without my knowledge. We were separated for 3 months and he died before the divorce court

Date. His family stole half the estate. I am not listed on his will. State of Oklahoma, married 9.5 years. Have a probate lawyer. What are my rights?

Charles Watts
Charles Watts
answered on Dec 24, 2022

If you have a probate lawyer then you need to work with that attorney and allow them to do their job as a prudent attorney. If you feel they are not representing you well then you need to either discuss that with them or contact a new attorney to take over the probate. Probates are very fact... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: IF THE FAMILY TRUST TRUSTEE GIVES FAMILY MEMBER DURABLE POWER OF ATTORNEY CAN THEY SELL PROPERTY

THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .

Nina Whitehurst
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Nina Whitehurst
answered on Dec 14, 2022

POA from trustee will not work because fiduciary duties are not delegable. Look at the trust instrument for provisions will respect to removal of incapacitated trustees, trustee resignation, trustee succession, and appointment of successor trustees. If that doesn’t work then you might have to go... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: IF THE FAMILY TRUST TRUSTEE GIVES FAMILY MEMBER DURABLE POWER OF ATTORNEY CAN THEY SELL PROPERTY

THE REASON IS BECAUSE TRUSTEE WILL BE IN PRISON FOR NEXT 25 YEARS, AND FAMILY MEMBER IS TRYING TO WHATS BEST FOR ALL BY SELLING PROPERTY BEFOR HOUSE IS SOLD FOR BACK TAXES SO FAMILY CAN PAY TAXES AND SPLIT WHAT IS LEFT AFTER .

Anthony M. Avery
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Anthony M. Avery
answered on Dec 13, 2022

Most buyers would reject such a conveyance, as Title at best would be questionable. It would be much better for a Successor Trustee to take over managing the Trust. Read the Trust Instrument for relevant terms. Hire an OK attorney for advice and if necessary, sue the Trustee for Removal for... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Bank of America won't accept Holographic will. It is entirely handwritten, dated and signed by the deceased.

Bank account is well under $50,000. How can the bank refuse to accept the will and give me the bank account? I am the only person listed in his will to inherit everything he owned. I am/was a close friend for 30 years. We were never married and never had any children together or owned anything... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Oct 21, 2022

The bank does not have to accept any will, handwritten or notarized or witnessed or whatever. It is the probate court that decides if a will is valid. You probably need to hire a probate attorney to help you with this. If the estate truly is small, a probate attorney can help you prepare a small... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: In Oklahoma does wife keep assets in joint ownership or beneficiary of assets?

Does she have to split with children?

Charles Watts
Charles Watts
answered on Oct 15, 2022

This is dependent on how things are set in place in regards to any will/trust or eatable planning.

Normally, property is marital property and normally goes to the spouse, however with majority of law there are other factors that can be in place. Therefore you need to contact an attorney to...
Read more »

1 Answer | Asked in Estate Planning, Bankruptcy, Civil Litigation and Collections for Oklahoma on
Q: VA disability pay is protected from garnishment. Would stock purchased with VA disability pay also be protected?
Timothy Denison
Timothy Denison
answered on Sep 23, 2022

Possibly, but the burden to trace it and show it was purchased from VA funds is on you.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: If you and your spouse plan on leaving your entire estate to your church, must you leave anything for family?

Is there a law in Oklahoma that you must leave any portion of your estate to family members that are not in the state? Can you leave your entire estate to your church? If you must leave something for married children that live in another state, is there a minimum amount that you must leave?

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Sep 18, 2022

In the state of Oklahoma, your spouse is the only person who can make a claim if you don't leave them an inheritance. However, it is necessary that you specifically reference and/or disinherit your children if you don't want to leave them anything. It's best to work with an estate... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Having problems with my late mother in laws auto insurance agent/company

When my Mother in Law passed we contacted her insurance agent to cancel her policy. He told us it was cancel and we left it at that, the next month we notice that the insurance company is continuing to take money out of the account she shared with my husband We contacted the agent again, he said... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 28, 2022

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm sorry for the loss of your mother-in-law. The estate and probate attorneys here would probably have the most insight on this. A starting point could be to bring the matter to the attention of the executor... Read more »

1 Answer | Asked in Banking, Civil Litigation, Estate Planning and Probate for Oklahoma on
Q: My husband passed away a month ago and his family is not allowing me to go to my house. Can they make me leave?

They also closed his bank account after telling me that I couldnt because it was going to probate which it did not. My inlaws live directly behind us so they claim that I cant be on family land. We have a mortage through Choctaw Nation as Iam a tribal member but the deed is in his name only. Weve... Read more »

Charles Watts
Charles Watts
answered on Jul 27, 2022

Sorry for your loss. Losing a loved one is hard enough by itself but then to have family issues on top of that makes it worse. Based on the limited amount of information you gave you need to contact an attorney as soon as feasible because you most likely have more rights than they are claiming you... Read more »

1 Answer | Asked in Contracts, Estate Planning, Family Law and Elder Law for Oklahoma on
Q: Can a 85 year old diagnosed with dementia revoke power of attorney or transfer it?

Oklahoma Durable Power of attorney question:

My grandmother has dementia but is compentent most of the time, she knows what is going on around her, the date, what ever is currently on the news ect..

My grandmother wants to revoke or transfer durable power of attorney from a family... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 20, 2022

A dementia diagnosis alone is not determinative. The dementia could be mild or it could be moderate or severe. If mild, probably the individual has the legal capacity to revoke a POA and grant a new one to someone else. If severe, probably not.

To create a new one, see an estate...
Read more »

1 Answer | Asked in Family Law and Estate Planning for Oklahoma on
Q: Can power of attorney be revoked if person was not of sound mind at the time?

My dad was diagnosed with dementia February 2020. I had been his POA since May 2019. my daughter, without me knowing, changed poa to her in February 2021 at the time he had senile dementia and Alzheimer's per his doctor. Would this be able to be revoked since the document he signed stated he... Read more »

Charles Watts
Charles Watts
answered on May 9, 2022

There are more than one kind of power of attorney. Some POAs terminate instantly when someone becomes incapacitated or no longer competent because a power of attorney is predicated on the person granting the authority to make the decision as if it were themselves (in other words in their capacity).... Read more »

2 Answers | Asked in Estate Planning and Family Law for Oklahoma on
Q: If my mothers non biological father dies with a will, with her being a half sibling is she entitled to any inheritances?

My mothers non biological father dies with a will and my mother has two other half siblings…what rights does she have here?

Charles Watts
Charles Watts
answered on May 6, 2022

Typically this will all be spelled out in his will. Also other factors would be considered such as was she officially adopted by him or not, is her mother still alive, etc… your best advice is to contact a probate attorney to assist you with determining the full extent of the rights with your... Read more »

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1 Answer | Asked in Insurance Bad Faith, Estate Planning, Family Law and Probate for Oklahoma on
Q: How can I find out about my life insurance policy through Massachusetts Indemnity and Life Insurance Company?

My father was my beneficiary but passed away in 1988. My mother had told me that she became the beneficiary. My stepfather recently passed away and my mother is in early demensia so we are getting all legal paperwork together. I found a photocopy of her updating the policy, but no original. Neither... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Mar 9, 2022

If the life insurance policy truly belongs to you, then all you have to do is call the life insurance company and ask, and you can update the beneficiary anytime you want. If you have been paying the premiums, then the life insurance policy probably belongs to you. If you have not been paying the... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My Mom died in 1/3/18 an Oklahoma resident. We cant afford to hire a lawyer. How can we settle this estate legally?

Mom has a will. We were told we had to pay a lawyer to file. Can we do this without the lawyer ? The land & home is just sitting there

Charles Watts
Charles Watts
answered on Mar 4, 2022

You can file without a lawyer. Oklahoma allows pro se representation. It just isn’t advisable due to potential issues with creditors and publication and the like. Best of luck to you.

3 Answers | Asked in Estate Planning for Oklahoma on
Q: My dad lives in Arlington Texas. He and my mom are joint owners of my home in Oklahoma. My mother passed away 2019.

They are still listed as joint owners of my home. Daddy wants to get their names off my home and put me on it. Or at least take moms name off and add me. My dad has it willed to me but I need it in my name to get homeowners insurance and homestead on my taxes. How’s the easiest way to remove my... Read more »

Chantelle Hickman-Ladd
Chantelle Hickman-Ladd
answered on Feb 9, 2022

I’m sorry for the loss of your mother.

If the ownership of your home is as joint tenants, not as tenants in common, with rights of survivorship, your dad needs to file an Affidavit of Surviving Joint Tenant to get your mom’s name off of the title. He can then file a quit claim deed to...
Read more »

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