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Oklahoma Questions & Answers
1 Answer | Asked in Estate Planning for Oklahoma on
Q: So if a policy was designated in 1986 this can not be used correct?
James Tack Jr
James Tack Jr answered on Mar 3, 2021

It is not clear what your question is. What kind of policy, what is the designation, and what are you using it for?

1 Answer | Asked in Child Support for Oklahoma on
Q: My child is 20 , 5 months pregnant and living with a man. I was told by DHS of Mississippi I still have to pay until s

She is 21 years of age regardless how can this be right?

Pete David Louden
Pete David Louden answered on Mar 3, 2021

Is it an Oklahoma child support order or is it a child support order entered in a different state?

1 Answer | Asked in Child Custody, Family Law and Tax Law for Oklahoma on
Q: My son turned 18 in August . And I want to know if that nullified the child custody plan?

In the Child custody plan my ex is entitled to claim our “minor” child on his taxes, with the proper form. Is this still in affect, now that he is no longer a minor?

Pete David Louden
Pete David Louden answered on Mar 2, 2021

It depends on if the child still in high school and the language of your court order. Have an attorney review your order and the facts of this matter for a reliable answer.

2 Answers | Asked in Energy, Oil and Gas and Estate Planning for Oklahoma on
Q: My mother passed away with a trust. She put her mineral rights in the trust. The attorney who created her trust has

Passed away as well. The law firm told me that the attorney put the wrong legal description on her mineral rights. Is the law firm responsible for correcting this for me?

James Tack Jr
James Tack Jr answered on Mar 2, 2021

The liability of the law firm could depend on a number of factors that are not revealed in your question: The nature of the mistake and how it occurred. Any complicity in the mistake by your mother. How long ago this happened. The relationship between the firm and the attorney. If you... Read more »

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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Does North Dakota calculate mothers income into child support? We have an agreement but i make much less now.

It states that we can’t file to modify until the 18 months is up. That is coming up. She lives in ND and i live in OK. How will support be calculated for 2 children now that i am making less and in a different state?

Charles Watts
Charles Watts answered on Mar 1, 2021

If your case/order is in North Dakota then you will need to contact a ND licensed atty to assist you.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: No gun was found so does that mean they have no evidence besides what the witnesses have told the police?

Only one of the two victims is cooperating.

Pete David Louden
Pete David Louden answered on Feb 25, 2021

You won't know for sure what evidence the state has until discovery is received. The discovery will disclose the state's evidence. Talk to your attorney if you already have one, if not hire one asap.

1 Answer | Asked in Family Law for Oklahoma on
Q: My parents were appointed guardianship under 10A section 1-4-709 Last year judge is tryin to put them back in dhs
Pete David Louden
Pete David Louden answered on Feb 25, 2021

There is not enough information here to know what is going on with this case. With that said, if there is a threat that children may be removed by the state the guardians and the parents each need to hire attorneys right now. It is always better to take action to try to prevent the removal than... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: How long can I hold my son in Oklahoma after he signed extradition papers for Kansas
David A. Cincotta
David A. Cincotta answered on Feb 25, 2021

If he signed a waiver of extradition, Kansas should have ten (10) days to come get him. They can request an extension, but generally those are only permitted in extreme circumstances. If he has not signed a waiver or waived in front of a judge, then it may be longer.

1 Answer | Asked in Probate for Oklahoma on
Q: Is there a statute of limitations on filing a will in Oklahoma: -- father died Sept 2019, -- will found Sept 2020?

I am hoping there is a statute of limitations, otherwise, does a probate ever end or is an estate ever really settled if a will can pop up out of nowhere during the life expectancy of the heirs at law for the next 20 - 50 years. Heirs at law spent 1 year probating the estate as intestate and now... Read more »

James Tack Jr
James Tack Jr answered on Feb 24, 2021

There is no time limitation on when a will may be admitted to probate. There is no statute specifically related to nurses that I am aware of. There is a general statute concerning wills obtained under duress, fraud, or undue influence. It is difficult from your description to determine what the... Read more »

2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Gary Johnston Dean
Gary Johnston Dean answered on Feb 24, 2021

There are no public forms for this. We suggest that you contact a lawyer for help with this issue.

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1 Answer | Asked in Family Law for Oklahoma on
Q: There was a child visitation order put in place in 2011. I went to prison for 12 years, is that order still in effect?
Pete David Louden
Pete David Louden answered on Feb 22, 2021

A court order remains in place unless/until it is modified.

1 Answer | Asked in Employment Law and Family Law for Oklahoma on
Q: What can I do if my husband is having an affair with a male supervisor that is a county employee for the State of OK?

My husband started an affair with his then supervisor (that’s a male), my husband is also an alcoholic and his supervisor would give him alcohol on company grounds, his supervisor would tell him intimate details about other employees that is a breech of their privacy but, his supervisor used his... Read more »

Charles Watts
Charles Watts answered on Feb 22, 2021

You can divorce your husband. Your husband would have to be the one who sues the county.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a woman assaults my wife, what am I (a 22 year old male) allowed to do?

My wife (female, 22) almost got assaulted my a neighbor in our apartment complex, and I want to know what I can do in the future if the situation gets worse

Charles Watts
Charles Watts answered on Feb 22, 2021

Call the police and/or file a vpo - do NOT take anything into your own hands unless there is an imminent threat to life or limb and the police have not arrived (Anytime you take action yourself you are opening yourself up for very expensive litigation and potential criminal issues for yourself)

1 Answer | Asked in Social Security for Oklahoma on
Q: Will my wife have to repay her disability insurance?

When working, my wife took out disability insurance. A few years later she had a cyst on her spine removed and was unable to return to work. She has submitted a social security disability request 2 years ago. She finally had her review with a judge. If she receives back pay, will she be required to... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 22, 2021

Sometimes you do have to pay some or all of your ssa disability payments to an insurer based on your agreement with the insurer. The HR person at your wife's work may be able to point you to the relevant language in the agreement.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Child Support for Oklahoma on
Q: My kid is 16 can I pay off the rest of my child support in one lump sum 24 x the amount I pay a month now
Pete David Louden
Pete David Louden answered on Feb 18, 2021

I wouldn't do that because if the other parent thinks you have extra money they could try and double cross you and modify support later and you could end up owning more. I have seen this happen before. Other attorneys may have a different opinion but that would be my opinion.

1 Answer | Asked in Estate Planning and Internet Law for Oklahoma on
Q: I had bought land from my father but never got a deed. He passed no will 12/20. He is the title owner alone. What to do?

Father no will. I have been living on property for 10 yrs. No child with stepmother, 3 children from marriage to our mother. My dads new wife let us kids come to the farm for 3 HR. & get personal items she had set out for us. My sister had charge over his medical decisions & funeral if he... Read more »

James Tack Jr
James Tack Jr answered on Feb 17, 2021

If a probate has not been commenced, you should initiate probate proceedings in the County where your father lived. If one has already been initiated, you should hire an attorney to protect your rights. You must have a probate for good title to be passed on Oklahoma real estate. In the probate,... Read more »

1 Answer | Asked in Adoption and Family Law for Oklahoma on
Q: In Oklahoma’s friend/someone dear too me is dealing with a verbal abusive father and half caring mother. She wants out

Basically the person my love that I truly care for her and she dealing with unable to attend a normal schooling and she has a abusive verbal dad that talks crap too her and her mother and I am wanting to get her out of that place and see about letting her move in she currently 15 but by May she... Read more »

Pete David Louden
Pete David Louden answered on Feb 16, 2021

What is your relationship to the child?

1 Answer | Asked in Child Custody for Oklahoma on
Q: My daughter passed ,no will, father passed 8 yrs proir need custody of 15 and 16 yr old. Need in her accounts as well
Pete David Louden
Pete David Louden answered on Feb 16, 2021

Consult with a probate attorney concerning the estate. You would need to file a guardianship for the children. You may be able to find one attorney that can help with both. Best of luck with this matter.

1 Answer | Asked in Child Support for Oklahoma on
Q: My son pays support for a child he doesn’t see. He pays insurance too. Does the insurance offset the support?
Pete David Louden
Pete David Louden answered on Feb 16, 2021

No, but he insurance is factored in to the child support guidelines. He should have an attorney review his support order to ensure it is done correctly.

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