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Oklahoma Questions & Answers
1 Answer | Asked in Family Law for Oklahoma on
Q: My children are in foster care. Im considering going into inpatient rehab but im not sure how dhs/courts will treat me??

Im scared to admit my drug use but i want my kids to come home to a healthy one. I dont think inpatient will help my case at all but i hear that if i go inpatient my kids will come live with me after a few weeks. How does that work and can dhs hold it against me if i seek treatment? clean drug... Read more »

Pete David Louden
Pete David Louden answered on Jan 24, 2020

Drug use and new criminal charges will for sure have a big direct impact on your situation with DHS. You have too much going on here to solve over the internet in this forum. You are going to need to hire an attorney to help you sort this out. You should be able to find one attorney that can... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Where can I find the forms needed to file for Oklahoma probate?
Richard Winblad
Richard Winblad answered on Jan 22, 2020

Even simple probate cases require a multitude of forms. Some county courthouses have law libraries with form books but knowing which of the hundreds of from to file and the timing thereof is complex. That is why attorneys who don't handle probates hire other attorneys to handle those matters.

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Is there a way to look up the life insurance policies of deceased relatives? Specifically one my father left for me.

I'm the child of my father's second marriage. My half sister tells me that our dad left named me and my full sister on a separate life insurance policy. Is there any way for me to find out if this is true? I don't know who / what company the policy is through.

Richard Winblad
Richard Winblad answered on Jan 21, 2020

Aside from a physical search you might try:

https://eapps.naic.org/life-policy-locator/#/welcome

2 Answers | Asked in Child Support for Oklahoma on
Q: My husband is getting child support garnished from 2 checks even though 1 check covers court ordered amount and backpay

He pays 183$ every 2 weeks 50$ for backpay they are taking full amount from each job so hes paying double hes called child support and is still being charged after they said they would stop one garnishment is he entitled to the money they took that was over the amount ordered by a court?

Pete David Louden
Pete David Louden answered on Jan 17, 2020

I see this same thing happen all the time. The solution is hire an attorney to get this resolved for you so that support no longer comes out of both checks.

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What's the chances of a poss w/ Intent sticking when the amount of CDs is very small less then a gram
Brian Boeheim
Brian Boeheim answered on Jan 16, 2020

A very small amount in a a single baggie with no money or scales should be a clear cut Possession only charge. If there are multiple baggies, no device for consumption and money or scales there is a chance they can get it past preliminary hearing. The Possession with intent statute is one of the... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Hello. I am wondering if we the petitioner can request a public notice to be placed regarding a court date.

The respondent does have an attorney but we didn't want to get to the court hearing day of and the respondents attorney ask for another continuance because she can't locate her client. We have guardianship of our two nieces for 21 months and filed for adoption in September. Court date for adoption... Read more »

Pete David Louden
Pete David Louden answered on Jan 16, 2020

You would have to give the attorney notice of the hearing. It is very easy to mess up an adoption, so much so that most attorneys will not even attempt an adoption case. You really should have an attorney that really knows adoptions to help you and they will be able to deal with notice issues.

2 Answers | Asked in Elder Law for Oklahoma on
Q: Putting my dad into nursing home on Oklahoma Medicaid. My mom is the Community Spouse. She makes more than the states

MMMNA from her employment & soc sec. Will she be able to keep all of her income? We know all of my dads will go towards his care.

Richard Winblad
Richard Winblad answered on Jan 16, 2020

Yes, your mother keeps all of her income. If it is less than $3,216.00 she would be entitled to a portion of your dad's income to bring hers up to that level. Father is allowed to keep $75 of his income.

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1 Answer | Asked in Probate for Oklahoma on
Q: Will I have to deal with probate court?

I am an only child, my father is not married and has a will. Both our names are on the deed to his house (money still owed on his home), I am designated beneficiary on his life insurance. As well as beneficiary upon death on his bank accounts. His bank accounts are fairly large, over $100,000. I... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 15, 2020

The real issue is creditors, since you are an only child. Are you on the mortgage, then that doesn't need to be probated. The life insurance does not need to be probated. The bank accounts are a different issue. It depends. What you really want on the bank accounts is to be the person on a POD... Read more »

1 Answer | Asked in Tax Law for Oklahoma on
Q: In the decree my ex gets half of my 503b. Do I half to pay a tax penalty? I'm not trying to early withdraw.

I only agreed to the 50% for him because my atty said it would be from the date I moved out, not from the day he finally signed the divorce papers (3 yrs after I filed for divorce- I left in August 2016- divorce paper signed Dec 2019).

D. Mathew Blackburn
D. Mathew Blackburn answered on Jan 15, 2020

You have to use a Qualified Domestic Relations Order (QDRO). Transfers subject to a domestic relations order are not subject to penalties but you have to do it correctly. Once the account rolls over to the other party if they then distribute money or anything else it's just like nay other... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: Is there a outline of a quiet Title that I may use as a guide to submit one for myself

This is gas well payments located by the Oklahoma treasury office that they suggested I file in order to claim my inherited monies

Richard Winblad
Richard Winblad answered on Jan 15, 2020

I am not aware of any online source for a quiet title.

1 Answer | Asked in Employment Law and Landlord - Tenant for Oklahoma on
Q: I resigned from my job, the same day my employer called my landlord???

The same day I gave notice that I was resigning from my position my ex-boss called my landlord to complain. He sent me a text shortly after threatening to evict if I fall behind on rent since I had, "left the job for no reason." I left to accept a job with higher pay. I didn't reply to the... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

Very annoying but you probably don't have a viable claim.

Restatement (Second) of Torts, § 766:

One who intentionally and improperly interferes with the performance of a contract . . . between another and a third person by inducing or otherwise causing the third person not to...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Brother trying to probate estate my mom left me

My mother passed away in 2016 prior to mother passing she put me on the deed. My mother had wishes to keep the land and allow any of the children to live there which we have done. there is nothing documented it just something my mother wanted. My brother is saying he is going to have the land... Read more »

Richard Winblad
Richard Winblad answered on Jan 15, 2020

If the property was deeded to your mother and yourself as joint tenants, then you would file an affidavit of surviving joint tenant along with an official death certificate. The property is then yours and the probate court would have no authority to probate the property.

If your mother...
Read more »

1 Answer | Asked in Child Support for Oklahoma on
Q: If my rights to my child was termanated by court do i have to pay child support if not how do i take care of it

I was living on the streets never even knew they took my rights and never even knew i had child support until i filedfor taxes and they took my return if my rights were taken then i dont think i have to pay but while i was in prison and the last year i been out the payments have been pileing up how... Read more »

Pete David Louden
Pete David Louden answered on Jan 13, 2020

If your rights were terminated child support only stops if the child is adopted. Any past due support would still be owed. You should contact an attorney to help you get to the bottom of this so you know where you stand. I wish you the best of luck with this matter.

1 Answer | Asked in Family Law for Oklahoma on
Q: Does a unmarried father have rights to the child with out going to court
Pete David Louden
Pete David Louden answered on Jan 10, 2020

No. By statute the mother is considered the custodial parent of a child born to parents that were never married. The good news is the father can establish his rights by filing an action in the district court.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Step grand father past some of his estate is designated some is not we have distributed the designated. What do we do

With the bal estate value under 50k. We know and have his wishes wrote down from him but nothing legal

Doak Willis
Doak Willis answered on Jan 9, 2020

If the balance is real estate, a probate must be filed. If the balance is just personal property or money then if all heirs agree to the split, split it evenly.

1 Answer | Asked in Family Law for Oklahoma on
Q: At which age of the child can you no longer question paternity or file for mistaken paternity in the state of Texas?
Pete David Louden
Pete David Louden answered on Jan 9, 2020

Your question was posted in the Oklahoma section. For questions on Texas law you should post your question in the Texas section.

1 Answer | Asked in Divorce for Oklahoma on
Q: Do 10 previous common law marriage years, count/add to, 5 legally married years, in a divorce in Oklahoma?
Pete David Louden
Pete David Louden answered on Jan 9, 2020

Not sure I understand your question.

Ten years of marriage would be ten years of marriage.

1 Answer | Asked in Child Custody and Child Support for Oklahoma on
Q: I moved states away from my ex wife and kids can i file for child support and custody modification in my current state?

I moved to Oklahoma from Colorado in 2018 because i was medically discharged from the military my current agreement dosent say anything about moving and my ex is not allowing me to see my kids. I also have had a significant salary decrease and can no longer afford to pay the 860 i currently have to... Read more »

Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

You have to file where the child support order was put in place. Same for the custody modification.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma if a petitioner doesn't appear in court for protective order will it be dismissed?
Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

In most cases, yes. If they call ahead and have a very legitimate reason for missing, I have seen judges reschedule. If there is a criminal case pending, it may be continued to trail the criminal case.

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