Oklahoma Questions & Answers

Q: How does an advanced healthcare directive work in the context of estate planning?

1 Answer | Asked in Estate Planning for Oklahoma on
Answered on Sep 21, 2018
Richard Winblad's answer
It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.

Q: What can my niece do to get her child support that the judge ordered.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Answered on Sep 20, 2018
John Cannon's answer
She needs to seek enforcement through the court with the assistance of counsel.

Q: Do I have legal right to obtain a portion of deceased parents belongings/ or debts without a will

1 Answer | Asked in Family Law for Oklahoma on
Answered on Sep 20, 2018
Richard Winblad's answer
Probably, this is generally governed intestacy statutes where the children (or their surviving decedents) inherit if there is no Will. A court would appoint a special administrator or personal representative to administer. Generally, debts of the decedent must be satisfied first.

Q: Can someone speak/represent someone with the defendant present, for a small claims civil matter?

1 Answer | Asked in Civil Litigation, Contracts and Small Claims for Oklahoma on
Answered on Sep 20, 2018
Richard Winblad's answer
This is a great question. Generally judges are disinclined to allow a non-attorney to participate in proceedings. However, there is the authority to allow an agent under a power of attorney to participate on behalf of his or her Principal.

Attorney General Opinion 03-026 reads concludes as as follows:

It is, therefore, the official Opinion of the Attorney General that:

An individual holding a Power of Attorney or Durable Power of Attorney may be authorized by his or...

Q: How much is bond going to be for molest of a vehicle

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Sep 19, 2018
Keegan Kelley Harroz's answer
There is no such criminal charge in Oklahoma.

Q: I was subpoenaed to modify my child support from OK DHS. I am the non custodial out of state parent, what are my options

1 Answer | Asked in Child Support for Oklahoma on
Answered on Sep 17, 2018
Pete David Louden's answer
This is a situation that I deal with often. Simple answer, hire an attorney to represent you in the modification and they should be able to set it up so you can appear by telephone.

Q: estimated time of released of a non violent 1st offender sentenced to 2 years doc&1 year Kcdc ran togeth

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Sep 17, 2018
Keegan Kelley Harroz's answer
Please re-post your question without the kcdc acronym. This is not used the same in different jurisdictions, making your question unclear.

Q: if you are serving a prison term and have warrants in other counties what can you do to take care of it while in prison

1 Answer | Asked in Federal Crimes for Oklahoma on
Answered on Sep 14, 2018
Gary Kollin's answer
Is he in federal or state custody? If federal, he has to comply with Interstate Agreement on Detainers. you can probably find it by googling that and adding Oklahoma

If state, then he either files a motion or a petition for habeas corpus ad prosequendum

Q: if I was to leave the state on my post imprisonment probation would it be expeditable

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Sep 13, 2018
Keegan Kelley Harroz's answer
Yes, if it is a violation of your probation/parole.

Q: I am named executor and sole heir of my late father's estate. He left an auto, titled in Iowa in his name only.

1 Answer | Asked in Probate for Oklahoma on
Answered on Sep 13, 2018
Richard Winblad's answer
it appears that Iowa will transfer title to your and won't require a probate if you use this form:

http://www.co.plymouth.ia.us/Services/PDF/Forms/DOT_411083.pdf

Q: My mom just passed away in Oklahoma, no will, just her name on all of her bank accounts, which she has money in

2 Answers | Asked in Banking and Family Law for Oklahoma on
Answered on Sep 12, 2018
Gary Johnston Dean's answer
A lot depends on how much money is in the accounts. The bank

Q: If I've been payingy for my child's private school tuition, sports,& the cost of any other extra activities for years.

1 Answer | Asked in Child Support for Oklahoma on
Answered on Sep 12, 2018
Pete David Louden's answer
If she is the custodial parent, absolutly she can be awarded child support.

Q: My husband and I were given a family friends 9 year old little boy Oct 2017 to live with us permanently and raise with

2 Answers | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Answered on Sep 12, 2018
Pete David Louden's answer
This is too involved yo adequately address in this forum. You need to immediately meet with an attorney to review this situation and discuss your options.

Q: I was arrested and not charged with a crime or 14 days and I wasn't taken before a judge until 15 days later. Can I sue?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Legal Malpractice for Oklahoma on
Answered on Sep 12, 2018
Keegan Kelley Harroz's answer
Yes, you can sue but you are asking the wrong question. You need to ask "Will I recover anything if I sue." The best thing for you to do is to consult with a civil rights attorney. Take proof of your monetary damages and any other documentation that you may have with you to the consultation.

Q: Who pays the mortgage during divorce

1 Answer | Asked in Divorce for Oklahoma on
Answered on Sep 11, 2018
Pete David Louden's answer
If the parties are not able to agree how debts are divided it is left up to the court to decide. There is no one answer that applies in every case. You would need a formal consultation with an attorney so they could gather all the information necessary to give you an opinion of what the court might be likely to do in your particular situation

Q: My fiancé has put in for a case review and has heard nothing. How do we get some kind of answer on it.

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Sep 11, 2018
Keegan Kelley Harroz's answer
He needs to hire an appellate attorney or file a motion pro se.

Q: My son's dad was shot (9x) and killed by a ohp in 2014. DA cleared the trooper. I find out 175000 settlement paid.

1 Answer | Asked in Criminal Law, Civil Rights, Probate and Wrongful Death for Oklahoma on
Answered on Sep 11, 2018
Peter Munsing's answer
The son would be entitled in many states to a claim. First see if an estate was opened. See who they said they gave notice to. May be a claim against the executor of the estate & or the attorney of the estate.

Q: Can I get a felony expunged if I had a deffered sentence?

1 Answer | Asked in Criminal Law and Federal Crimes for Oklahoma on
Answered on Sep 10, 2018
Keegan Kelley Harroz's answer
You need to find out if the case was dismissed. If it was not dismissed you need to hire an attorney to try to fix the problem.

Q: If I had a deffered sentence and didnt finish paying my probation can I go back and get the felony expunged?1st offense

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Sep 10, 2018
Keegan Kelley Harroz's answer
If you received a felony conviction, NO. If your case was dismissed upon successful completion of probation, YES.

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