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Oklahoma Estate Planning Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.

The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal...
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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 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.

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?

Anthony M. Avery
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answered on May 31, 2024

Hire an OK attorney now that handles real property litigation. You and the other heirs need to file an Ejectment, Trespass, Quiet Title, etc. action immediately. Also check the title prior to filing suit. Hopefully Probate will not be required for the heirs to have standing (I am not... View More

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Is a typed will in Oklahoma valid.

The will is typed up. Does this invalidate it here in Oklahoma

Charles Watts
Charles Watts
answered on May 8, 2024

A typed will is admissible in Oklahoma, and in my opinion actually preferred assuming it is executed properly with signatures and witnesses - This will have to be verified during the probate of the will. Contact a family law or probate attorney to assist you.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Dad adopted me. He and Mom die. Does that give me the right to inherit their home . No will

My parents have no will I am the only child that shares both parents. They passed with no will. Can I I herit the property. It's just the house bo assets

Charles Watts
Charles Watts
answered on May 8, 2024

If you are legally adopted through the courts, then you are considered a child with the same rights of a naturally born child. This does not mean you are guaranteed the house, but it does mean you potentially have a rightful share in the home. You should contact an estate/probate/family law... View More

1 Answer | Asked in Criminal Law, Civil Rights, Elder Law and Estate Planning for Oklahoma on
Q: What can i expect when looking to hire a trust lawyer to overturn an irrivocable trust that was created after grantor

After grantor was diagnosed 3dif times with dementia also trust was signed before ranch was purchased and poa became successor trustee due to fathers incompetence sep 08 2022 before new amended irrivocable trust had been signed

James L. Arrasmith
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answered on Mar 8, 2024

When seeking to hire a trust lawyer to challenge or overturn an irrevocable trust, particularly under circumstances involving the grantor's mental capacity at the time of the trust's creation, you can expect to navigate a complex legal process. Lawyers in this field will first review all... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Can my spouse claim part of the house in case of my death?

Hello me and My son is on the house deed my husband is not. What will happen in case I pass away before he does? Will my son totally take ownership of the house or my husband will still have a part of it even if he is not on a house deed

T. Augustus Claus
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answered on Feb 23, 2024

In Oklahoma, if you pass away and your name is on the house deed along with your son's, but your husband's name is not, the distribution of your interest in the house depends on how the property is titled and state law regarding spousal rights. If the property is owned as joint tenants... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My dad only had one child, me. I have two half sisters that barely had anything to do with him.

When he bought this house he didn't want my mom anywhere on the note because he wanted to make sure my sisters had no rights to any of it. He died two years ago. My mom says she has "survivorship" but I don't know what that means. The mortgage still Comes in his name as she... View More

Anthony M. Avery
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answered on Feb 14, 2024

Hire an OK attorney to search the title and determine the estates created. Then you will know who owns the property later when certain different events occur.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Oklahoma on
Q: Can I buy a house and deed it in my name only if married in Oklahoma?

I own a house in Texas that I purchased alone 14 years ago before meeting my current spouse (he leased before moving in with me and has never owned property). We married in Oklahoma 4 years ago and are now wanting to move there permanently. I would like to sell my home in Texas and use the proceeds... View More

Anthony M. Avery
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answered on Feb 14, 2024

Hire an OK attorney to draft a life estate/remainder deed. Do not use a title company.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: How difficult is it to set up an irrevocable trust in Oklahoma for just a bank account and furniture in an assisted

living facility? My mother's rent is paid by my deceased father's pension and social security payments, with a little overage each month. I want to protect her assets if/when she needs a nursing home, there is $172,000 in her bank account after the sale of their home. She is 79 with... View More

Richard Winblad
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Richard Winblad
answered on Dec 20, 2023

That is a great question and I can see that you have done some homework.

The document preparation is not overly difficult for an attorney well versed in elder law and Medicaid eligibility. But the work is in counseling, reviewing and planning. There are questions regarding if the client...
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1 Answer | Asked in Estate Planning, Probate and Family Law for Oklahoma on
Q: My mother passed in 2015 and my stepdad claimed her ashes but now my stepdad has passed. Who gets my mother's ashes?
T. Augustus Claus
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answered on Sep 18, 2023

In Oklahoma, the disposition of your mother's ashes, which were claimed by your stepfather after her passing in 2015, is typically determined by legal and familial considerations. If your mother had provided specific instructions for the disposition of her remains in a legal document, those... View More

1 Answer | Asked in Probate and Estate Planning for Oklahoma on
Q: Ivneed someone to explain a trust to me. My mother passed away and I'm having issues with her home.

She left her home to my son who's now trying to kick me out when I've been there for 22 years and I'm disabled.

James L. Arrasmith
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answered on Oct 15, 2023

A trust is a legal entity that holds and manages assets for the benefit of specific individuals or entities, known as beneficiaries. The trust is created by a grantor (in this case, your mother) and is managed by a trustee, who is obligated to act in the best interests of the beneficiaries... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Banking and Health Care Law for Oklahoma on
Q: Caring for Mom with Alzheimer's. What docs needed to handle ALL Med. & Fin.?

Do certain docs need notarized and/or filed with Court Clerk office? Will a durable POA cover it all, including land, her home and Quit Claim Deed if necessary? Is a Advance Directive needed or just be beneficial? Are specifics needed to handle her Social Security benefits as well?

Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

Sorry to hear that your mother is suffering from Alzheimer's. From your question it wasn't clear whether she has the powers of attorney and other documents already completed. If not, and she has sufficient capacity, then she should move quickly to get these in place. An advanced... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Please give me an idea of typical property i.e. home furnishings, tools in my garage, animals, etc. in a pour over will.
Richard Winblad
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Richard Winblad
answered on Jul 26, 2023

A pour-over Last Will and Testament is a document that is ancillary to and supports a Trust agreement. Think of a trust as a wagon, it only works if something is put into it. This is known a funding. When creating a trust, there is usually a document that assigns your personal property into the... View More

1 Answer | Asked in Estate Planning and Family Law for Oklahoma on
Q: Do lawyers have a mandatory duty to tell another lawyer he's getting ready to be sued if he doesn't do something the

complaining party wants done?

Pete David Louden
Pete David Louden
answered on Jun 29, 2023

Context and details are always critical, so I think an attorney would need to first know the specific situation you are referring to in order to know whether or not there might be a duty to do, or not do something.

If you have a specific situation, contact an attorney directly (don't...
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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: In Oklahoma probate, can i withdraw a creditor claim? My lawyer filed & approved it, but it's not legit! Can i withdraw

My lawyer lied to me about the creditor, he said he denied it but he didn't now he's saying i have to let him sale everything, the creditor is my dads ex girlfriend, she has already sued me and the judge told her, she can't do that cause I'm still in probate court, she wants my... View More

David M. Postic
David M. Postic
answered on Jun 25, 2023

If a creditor's claim is not denied within 30 days after being presented, the claim is deemed denied pursuant to 58 O.S. § 337 even if your attorney did not file an affirmative denial. However, if the claim was not affirmatively denied, the creditor can file suit on their claim until the... View More

2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 11, 2023

Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?

A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death....
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1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: my dad committed suicide on december24,2022. im his only child,he left no will. he owned a house free and clear in ok

I live in California the property's in ok. what do I do to get property's in my name

James Tack Jr
James Tack Jr
answered on Apr 4, 2023

I am sorry for your loss. Unless the property was in joint tenancy or had a transfer of death deed filed, you will have to have an estate proceeding to pass good title to real property to either the heirs or to a purchaser of the property. Your buyer will not be able to get a title policy without... View More

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... View More

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