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Oklahoma Questions & Answers
1 Answer | Asked in Appeals / Appellate Law for Oklahoma on
Q: How should a response to an appeal look like? What information should be included?

Judge ruled in my favor to have my child returned to me but state is appealing.

Charles William Michaels
Charles William Michaels answered on Sep 25, 2020

First, I am not an Oklahoma attorney. That being said, I suppose you are the "Appellee" so you must file a brief as the Appellee. Usually, the deadline for filing that brief is 30 days from the Appellant's brief (in this case, the State). And you should be sent a copy of the... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: trust been in probate for 10 years how long can it be there in Oklahoma
Ilana Sharpe
Ilana Sharpe answered on Sep 25, 2020

I am a little confused by this question. Trusts are not instruments that are subject to probate proceedings so I’m not quite certain what is happening here. However, there is no limit to how long a probate can take. Depending on circumstances they can go on for many years.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Can quitclaim deed signed by my father before his death be challenged by unsecured creditors?

My dad was diagnosed with last stage heart failure following a massive heart attack. This disabled him from working. Knowing his life would be cut short, he quitclaimed his property to me. Signed, notarized and recorded with the county. The property DOES have a mortgage (specifically, a land loan)... Read more »

James Tack Jr
James Tack Jr answered on Sep 24, 2020

I have assumed that the property is in Oklahoma. Creditors would have to establish their claim against the estate through the probate court. If a probate proceeding is not initiated by one of the family members, a creditor could initiate the proceeding. After establishing their claim, they would... Read more »

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: I have durable power of attorney n idk what happens to house or what to do when she is completely irrational

Idk what to do. N I feel bad cus I promised I would never put her like in a nursing home but i don't know what to do. She has pushed her friends away n has gotten very cruel n mean to me...idk what I do cus I never imagined this happening.

Ilana Sharpe
Ilana Sharpe answered on Sep 23, 2020

I'm not certain exactly what the question is here so I will try and answer this generally. There are different types of durable powers. A general durable power gives you the right to make financial decisions for another person at any time whereas a springing durable power would only allow you... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Can spouse (that been separated) add me on credit card without my authorization after been removed?

In May when I called this credit card company they said I was not on account they could not talk to me and would be off my credit and now 4 months later I'm on the magically on the account. Been spareted since Oct. 2016. Filed for divorce in Feb. 2016.

Brian Boeheim
Brian Boeheim answered on Sep 23, 2020

If you filed for divorce in 2016, my first question is why hasn't that been finalized? Nothing should take that long unless you have been trying to reconcile. Next, with the divorce petition you both should have signed an ATI (automatic temporary injunction), which in simple terms freezes... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: What are my options if my car is totaled and its not my fault
Tim Akpinar
Tim Akpinar answered on Sep 22, 2020

An Oklahoma attorney could advise best, but your question remains open for three weeks. As a general matter, if you were injured, it would make sense to seek a free initial consult with an Oklahoma injury attorney. If you were not injured, then the most practical course of action could depend on... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Pete David Louden
Pete David Louden answered on Sep 22, 2020

Oklahoma is a no fault divorce state so under most situations none of this matters.

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2 Answers | Asked in Divorce for Oklahoma on
Q: I need to know if it is legal to sell property that is part of marital assets during a divorce proceeding in Oklahoma
Charles Watts
Charles Watts answered on Sep 22, 2020

In the majority of divorce proceedings there is an automatic temporary order. This prevents selling, disposing, destroying, etc.... any marital assets. Likewise, insurances must remain intact as well. Even with the temporary order in place a judge may give permission for one or the other party... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: Where do we stand as property owners after an estate management battle in court between step children and spouse?

Step Daughter suing deceased's spouse for estate management after spouse sold property to us back in December 2019. We are still in process of purchase. One lot is in deceased's name and two are in both names.

Ilana Sharpe
Ilana Sharpe answered on Sep 21, 2020

Since you are purchasing from the estate of deceased individual a title company would not close on the sale until such time as the probate court approves the sale or the probate is concluded and the estate is distributed, at which point you would be purchasing from the beneficiaries of the estate... Read more »

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2 Answers | Asked in Probate for Oklahoma on
Q: how do i start probate without a will?

my mother passed away in 2013 and didn't leave a will. I have a brother and a sister. i have been paying the taxes on the land and everything since 2010, do i have more right to it then they do? They have not once helped me pay taxes.

Richard Winblad
Richard Winblad answered on Sep 21, 2020

Sorry for your loss.

If your mother didn't have Will the property would pass according to the intestacy statute. If she was single at the time of her death and all her children were living, then the likely outcome is for the children to share equally. You may have a claim for the...
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1 Answer | Asked in Child Custody and Family Law for Oklahoma on
Q: If my husband signs my daughters birth certificate, what legal standing does her biological father have?
Charles Watts
Charles Watts answered on Sep 21, 2020

By default a child born of a marriage is presumed to be a child of that marriage, therefore any challenge to that has to be brought by a challenging party claiming to have rights. I assume based on your question your husband and the biological father are not one in the same. Therefore, even if... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: In a common law marriage in Oklahoma is the wife responsible for medical bills of the husband?

The female partner, 72 years old, has always referred to herself as the "significant other," not as a wife. The male partner is 86 years old and not medically well.

Charles Watts
Charles Watts answered on Sep 21, 2020

Common Law marriage is a grey area in Oklahoma. If someone tells you that it doesn't exist, then they are wrong. It very much exists, just with some different terminology. There are some things that have to be shown to prove that a non-ceremonial union exist and there are many ways to... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: How can I do a turn around adoption to get my six children back into my custody asap?
Charles Watts
Charles Watts answered on Sep 21, 2020

This question is not as easy as step 1 - 2 - 3. Generally, once an adoption is finalized, then it is non-reversible. There are a few exceptions to this rule, however these exceptions are challenging to prove. This is something that you will need an experienced adoption attorney to help you with,... Read more »

1 Answer | Asked in Child Custody for Oklahoma on
Q: Does child protective services have the right to terminate my rights

I had my baby and tested positive for drugs. They came in my room at hospital took her away and dhs came to talk to me at the hospital

Pete David Louden
Pete David Louden answered on Sep 18, 2020

It is possible for the state to terminate rights in some cases. However, If you hire an attorney RIGHT NOW and follow all of their advice and all the requirements of the state you will give yourself the best chance of a favorable outcome. It will require doing all the right things and listening... Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: My fathers parents passed within a few months of each, both intestate. His sis is appointed personal rep. She won't give

him any info. When I looked case up on odcr it says that heirs are determined and "letters of admin sent" and "proof of publishing" has been done. Is my dad supposed to hire his own attorney? He has never received anything from court or sis?

Ilana Sharpe
Ilana Sharpe answered on Sep 18, 2020

As an heir he should have received notice of the proceedings. Publication can only be considered good notice to a person if the person has searched diligently and cannot locate the heirs. If you believe that his sister should not have been appointed as administrator and that the estate is not being... Read more »

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does stepmom have any right to stock certificate still in grandmas name?

Dad died and his financial planner hands to my stepmother a stock certificate that is still in my paternal grandmothers name. My father had set up a trust and began Funding it - he did not name a beneficiary. She and I learned this together at the office of his planner. My stepmother then says he... Read more »

Ilana Sharpe
Ilana Sharpe answered on Sep 18, 2020

If the stock remains in the grandmother's name then the stock would be subject to the administration of her estate, not your father's. That being said, if her estate leaves the property to your father, then his estate would come into play. You would need to investigate the administration... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for Oklahoma on
Q: Can a 17 year old that is living on their own cross state lines without parental consent in OK?

My 17 year old brother in law ran away from home. His father pressed charges and dropped them acknowledging that he is in his own. My husband and I want to fly my brother in law and his 19 year old girlfriend to Wyoming for a visit. His father had threatened kidnapping charges against us. Can we be... Read more »

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

If he is 17, You would need the permission of his parents.

1 Answer | Asked in Child Support for Oklahoma on
Q: Does OK factor in the number of children in the order or is the payment amount solely based on income of both parties.

My son turned 18 in Jan, and graduated HS in May. I am still receiving the full amount that I've been receiving. I also have a 16 yr old. I was given 2 different responses from 2 different employees at CS enforcement. The NCP was told he could potentially pay more for 1 child than he pays for... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

My interpretation of the case law is as follows:

The child support order is not for two individual children, but instead is for support of all children. Therefore, just because one of the children reaches the age of majority (18 years of age and graduated from high school) it does not...
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1 Answer | Asked in Criminal Law and Child Custody for Oklahoma on
Q: Can my 13 year old son refuse weekend visits to his fathers house if he has testified about abuse from his dad?

My son testified that his dad recently held his head under faucet of water as a disciplinary method.

Brian Boeheim
Brian Boeheim answered on Sep 17, 2020

When you say testified, do you mean in court under oath? If that is the case, then I would question why the father still has unsupervised visitation? If you came to me with that claim, I would probably start by calling his attorney and try to get an agreement to adjust the visitation temporarily... Read more »

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: Who are the heirs wife or kids?

Dad passed away 2 years ago. He had land that was only in his name. He used his land as collateral for a trailer that is in both he and his wife's name. She went to prison after he passed away and did not make payments on the loan. I saw it in the paper in probate? What do we need to do? This... Read more »

James Tack Jr
James Tack Jr answered on Sep 16, 2020

It is not clear if your father's estate has been probated. If he had a will and the will was admitted to probate, his will determines who the property goes to. If he had no will, the property goes by intestate succession. To get good title to land, his estate must be administered. Unless... Read more »

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