Oklahoma Questions & Answers

Q: Am I allowed to take my children to work with me?

1 Answer | Asked in Employment Law, Family Law and Juvenile Law for Oklahoma on
Answered on May 23, 2016

I have never heard of any such laws that would prevent a parent from taking children to work. Most employers do not allow it as it tends to negatively effect productivity and there could be an issue if the child were to be injured at the office.
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Q: have there been any new developments or changes in worker's compensation laws in Oklahoma

1 Answer | Asked in Workers' Compensation for Oklahoma on
Answered on May 12, 2016

In 2014 Oklahoma switched from a court system to an administrative system. For injuries occurring on or after February 1, 2014 the claim is processed through the administrative system. The change in the law from the old system to the new system are significant. The full extent of the new law is under review through the court system which is interpreting the new law. For example on April 12, 2016 the Oklahoma Supreme Court decided Maxwell v. Sprint PCS 2016 OK 41 and clarified the permanent...
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Q: In OK Probate, Title 58 Sect. 331, presentment date has to be at least 2 months. How do you determine what a month is?

1 Answer | Asked in Probate for Oklahoma on
Answered on May 12, 2016

For purposes of Title 58, Section 331 of the Oklahoma Statutes, the minimum notice is 60 days. If the presentment date stated in the notice falls on a Saturday, Sunday or legal holiday, the presentment date is deemed to be the next day which is not a Saturday, Sunday or legal holiday. The statute also sets forth publication requirements.

The Personal Representative must consult all sources at hand to determine the known creditors of the deceased. In the event a creditor does not receive...
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Q: if i work over 40 hrs a week by ok. state law are they required to pay me overtime wages

1 Answer | Asked in Employment Law for Oklahoma on
Answered on May 5, 2016

You should consult with your state labor department or a local lawyer to see if you are owed wages. Federal law (which applies in all states) requires the payment of time and a half for hours worked in excess of 40 hours a week -- if the worker is covered by the Fair Labor Standards Act. It is not possible to answer your question without knowing more about what type of position is being discussed. Your state labor department will be able to help you understand both the federal and the state...
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Q: what steps/rights do I have to get my personal property back?

1 Answer | Asked in Employment Law for Oklahoma on
Answered on Mar 25, 2016

If it is worth that much, find a local attorney to send her a demand letter. A good attorney may also find other things to go after (such as wage and hour violations, final paycheck issues, etc.), and many attorneys will do flat rate work for a simple demand letter.
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Q: I have been notified that my unemployment insurance award is being appealed by my former employer.

1 Answer | Asked in Appeals / Appellate Law and Employment Law for Oklahoma on
Answered on Mar 15, 2016

If they have attorneys, you will want your own. It would be like showing up to a race and they bring in a supped up sports car and you just bring your van. Maybe you win, but you are already at a disadvantage.
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Q: How do I go about responding to Interrogatories?

1 Answer | Asked in Car Accidents for Oklahoma on
Answered on Mar 8, 2016

Did you have automotive liability insurance at the time of the accident? It is required in many states: either get insurance or don't drive. If you did have insurance, your insurance carrier should pay for an attorney.
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Q: I was recently denied "Homestead Exemption" due to me not owning the property. I bought the house a few years back.

1 Answer | Asked in Real Estate Law for Oklahoma on
Answered on Mar 7, 2016

You need to hire an attorney that deals in real estate matters as the Title Company may not be telling you the truth. A good attorney can look at the deed and inform you what your rights are concerning the property.
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Q: Need answers about family law asap

1 Answer | Asked in Family Law for Oklahoma on
Answered on Mar 7, 2016

You should immediately hire an attorney who practices divorce law and relate all facts to the attorney and they would be able to direct you in the right direction in order to represent you on the protective order and filing the necessary pleadings to see your children.
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Q: My daughter's dad is over 8000$ behind in Child support. Can my husban adopt her without her father sign over his right

1 Answer | Asked in Family Law and Adoption for Oklahoma on
Answered on Mar 7, 2016

No. The natural father would have to consent to the adoption which would require him to voluntarily terminate his rights. You could go through child support enforcement and if he fails to pay thereafter for the requisite amount of time his rights could be terminated.
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Q: Is there a certain amount of time a person has to file assault charges?

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 7, 2016

The statute of limitations is one year.
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Q: when a Pearson is charged with acquiring proceeds from drug activity. would they be tried in state or federal courts

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Mar 7, 2016

Both the Federal Courts and the State Courts have concurrent jurisdiction to bring criminal charges against a person who is dealing in drugs and acquiring proceeds from illegal drug sales. This means you could possibly be charged in both State and Federal Court for the criminal activity. So you could be tried in both CXourts for the crime.
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Q: I need a copy of titke58sec, sec 393 OK statute. My dad just passed away and this form is required to access cash.

1 Answer | Asked in Estate Planning for Oklahoma on
Answered on Mar 4, 2016

Sorry for your loss.

Is the cash in a bank account? If so the form you need may be different and your banking institution should have it.

This is not legal advice or intended to be used as such.
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Q: My adult children's dad just died. What do they need to do to get things in order? It is just the two of them.

1 Answer | Asked in Probate for Oklahoma on
Answered on Mar 4, 2016

This is not legal advice or intended to be used as such.

If there is no Willl or Trust then we are probably dealing with intestacy. Real estate, unless titled in a particular manner, would probably require a probate. Creditors, like credit card companies, must be notified of the probate and given an opportunity to file claims. This may be a simple or complex issue. Most attorneys will visit over the telephone at no cost but only to see if they are able to provide you, or your...
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Q: My mother passed 6-30-15,she a burial policy that list her estate as the beneficiary. How can I get funeral paid?

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Answered on Mar 4, 2016

If the estate was a beneficiary it may be necessary to open a probate. You may be able to use the procedure for small probates. It sounds like your mother attempted to create a will, often such attempts are ineffective. Any attorney reviewing the documents would expect to be paid. However, many may be willing to visit with you over the telephone for no charge.

This is not legal advice or intended to be used as such.
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Q: Copyright Infringement. I am an Etsy seller, I was contacted by another shop claiming to own a copyright.

1 Answer | Asked in Copyright for Oklahoma on
Answered on Mar 3, 2016

First, she would have to have already registered the work. You might ask her for a copy of the registration so you can see how close it is. Likely she has not registered, but if she has, then sit down with a local copyright attorney to examine how close the works are.
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Q: If a house is held in a living trust controlled by three executors, is there a way to sell the property if one wont sell

1 Answer | Asked in Estate Planning and Real Estate Law for Oklahoma on
Answered on Mar 3, 2016

This is a great question. The first thing is to look to the trust document to see if provides for a tie breaker or if it addresses removal of a trustee. The trust may have a "trust advisor" appointed to mediate disputes and/or remove a trustee. If there is waste being committed the beneficiaries may have a cause of action against the uncooperative brother. Assuming that it is a boilerplate document it may not. Unfortunately, the matter may need to be litigated in order to come to a...
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Q: Can they take my exchange student visa away if I'm not doing anything illegal or against the laws of the country?

1 Answer | Asked in Immigration Law for Oklahoma on
Answered on Feb 17, 2016

Yes, USCIS has full control over your immigration status and they may do as they please when it comes to non-immigrant visas. If you have a problem that you think might potentially make you lose your visa, I suggest talking to an immigration attorney about it soon. Many immigration attorneys including me offer free consultations, make use of the consultations. All the best.

-Shan Potts

Like our facebook page for regular immigration and visa updates -...
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Q: Is there some sort of form that can be filled out to get my home out of probate so I can refinance?

1 Answer | Asked in Probate for Oklahoma on
Answered on Feb 11, 2016

I am sorry to hear that your wife passed away. Unfortunately, because the home was not in joint tenancy, it will be necessary to probate your wife's estate in court. Only then can your wife's name be removed from the title so you can refinance. Moreover, if you and your wife have children and your wife did not have a will, the children could be entitled to inherit partial ownership in the house. While you can represent yourself, I highly recommend that you hire a probate attorney. The probate...
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Q: How do I find out statue of limitations on Financial Exploitation of the Elderly./

2 Answers | Asked in Elder Law for Oklahoma on
Answered on Feb 6, 2016

Talk to a local elder law or elder abuse lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your specific...
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