Oklahoma Questions & Answers

Q: My mother married a man and they lived in OK. He did not have a Will, 17 years later the two properties never probated.

1 Answer | Asked in Probate and Real Estate Law for Oklahoma on
Answered on Nov 15, 2018
Richard Winblad's answer
Sorry for your issues.

Unless your mother holds title to the property she cannot sell them. It sounds as though a probate would be needed. Depending upon the situation, your mother be required to share the inheritance with the husband's children (if not alive their descendants).

A summary probate process may be possible which would in all likelihood not require anybody to travel to Oklahoma.

In the meantime, Alabama may not hold the property to be a resource if...

Q: Can a person be charged with first degree burglary of there own dwelling

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Nov 14, 2018
Keegan Kelley Harroz's answer
Can they be charged? yes

Should you hire a lawyer to get the charges dismissed? yes

Q: I faulted paying adult daughters health insurance, my wife faulted on my visitation w/ me and minor son.

1 Answer | Asked in Divorce for Oklahoma on
Answered on Nov 14, 2018
Pete David Louden's answer
There is not enough info here to sort this out. To get a reliable answer, gather all your documents and meet with an attorney. Once the attorney has a handle on the status of your case they will be able to answer your questions.

Q: Traded in a car I owned for a new one Nov 2nd we talked one thing paper work said another not satisfied can I back out

1 Answer | Asked in Civil Litigation and Contracts for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
Anything is possible if everyone agrees. However, since you state the contact was signed without your having read it to insure the accuracy of the contract, you will be bound to the terms if the seller insists on it being followed.

Q: What does "Null & Void" mean? Does that absolve both parties of the lease and if so would I be liable for rest of year?

1 Answer | Asked in Business Formation, Real Estate Law and Landlord - Tenant for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
That would mean the contract has become inoperable due to a term thue each party being released from the contract.

Q: Can a seller sign two contracts for the same property. The first being a contingency contract.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
No one is responsible for anything since there was no damages to anyone under the contract. The second buyer ran out of money and couldn't get financing in order to purchase the property. The seller hasn't suffered damages since obviously the second contract had a contingency for financing in it no doubt.

Q: My husband and I are still married, but estranged. Is he still entitled to my property after I pass away?

1 Answer | Asked in Estate Planning for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
Yes or a portion of it if you have children with him. You must be divorced before you pass away in order for him not to be an heir.

Q: What are grounds for annulment of marriage in Oklahoma?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
The grounds are as follows:

1. One party or both are under the age of 18.

2. One party incapable of consenting to marriage due to mental incapacity or incompetence.

3. Married to another person at the time of the marriage.

4. Fraud.

5. Divorced less than 6 months from another person.

You must establish residency in Oklahoma and meet one of the above criteria.

Q: Will my daughters parental rights be terminated?

2 Answers | Asked in Child Custody for Oklahoma on
Answered on Nov 12, 2018
Pete David Louden's answer
There is no way to know the likely outcome without knowing all of the background and facts. She should have an attorney. That attorney would be in the best position to answer this question as they know all the details if the case.

Q: Do you know of any lawyers in Oklahoma that expertise is criminal acts while on the medication Prozac?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Nov 12, 2018
Keegan Kelley Harroz's answer
You need to speak to a lawyer that practices criminal defense and is licensed in the state of Oklahoma. There is not only myself, but many other options for good criminal defense attorneys on Justia.

Q: We took a SMALL ESTATE AFFIDAVIT to the probate office to file it and they told us that they have never seen that form

1 Answer | Asked in Probate for Oklahoma on
Answered on Nov 12, 2018
Richard Winblad's answer
A small estate affidavit is usually used to claim property held by a bank or financial institution. If your case involves real estate you might need a probate.

Q: I hired an attorney for a child custody case I spoke on the phone with her numerous times I signed her contract

1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Answered on Nov 9, 2018
Pete David Louden's answer
I think the only person that can explain the conflict, time line, and circumstances is that attorney. The silver lining is you now have the opportunity to hire an attorney that wants to help you.

Q: Is it my responsibility to file a final order on the divorce?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Nov 9, 2018
Pete David Louden's answer
Your attorney will draft the decree and present to the court.

Q: In a situation where parental rights may be taken and children are in foster care, are grandparents allowed any rights?

1 Answer | Asked in Family Law for Oklahoma on
Answered on Nov 8, 2018
Jason Perkins' answer
They could request that the courts make them a guardian instead of other options available to the courts. You should contact an attorney to help you with guardianship.

Q: Re: Title 21 OS 21-1362 Discharging firearms in Osage County,

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Nov 8, 2018
Jason Perkins' answer
They may be mistaking the difference between not illegal and not enforcing the law. They may not know about the law. There are many different laws that make it quite difficult if not impossible to know them all.

Q: How can I get the court case # for a minor ?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Nov 8, 2018
Jason Perkins' answer
If you have an attorney they should be able to access that for you.

Q: Foster parent mistreating their adopted 17 year old. Enslaving her to do his business for very minimum pay.

1 Answer | Asked in Adoption, Employment Law, Family Law and Sexual Harassment for Oklahoma on
Answered on Nov 8, 2018
Jason Perkins' answer
If you feel that the child is being harmed you should contact DHS and speak with an attorney about what other options you have available.

Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

1 Answer | Asked in Gov & Administrative Law for Oklahoma on
Answered on Nov 8, 2018
Richard Winblad's answer
If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.

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