Oklahoma Questions & Answers by Practice Area


Oklahoma Questions & Answers

Q: Does Oklahoma law recognize a will prepared out of state that did not require probate?

1 Answer | Asked in Estate Planning for Oklahoma on Feb 12, 2015

Answered on Jul 6, 2015

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Tyler R. Barrett's answer
Why did the out-of-state will not require probate? Oklahoma recognizes out-of-state wills that have been admitted to probate in other states. Typically, there is a probate first done in the state where the person who made the will resided at the time of their death. Then subsequent probate cases can take place in any other state where the deceased owned property.

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Q: I have a good will, however, since making it I purchased a rental house. Should I do a addendum, to cover all problems?

1 Answer | Asked in Estate Planning for Oklahoma on Apr 7, 2015

Answered on Jul 6, 2015

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Tyler R. Barrett's answer
Hi, thank you for your question. How old is the will? Your estate plan should be reviewed with an estate planning lawyer at least every few years because changes to your personal and financial circumstances could render your existing documents less effective or even obsolete. In your case, the purchase of a rental house has likely increased the overall size of your estate, which may raise tax concerns. Additionally, there are liability issues associated with ownership of rental properties....

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Q: My Mother passed 15 years ago the executor has not probate the will what happens now

1 Answer | Asked in Probate for Oklahoma on Apr 25, 2015

Answered on Jul 6, 2015

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Tyler R. Barrett's answer
If your mother owned any property in her name alone at the time of her death, then a probate will still be necessary in order to legally transfer title of the property to her heirs. Because the named executor has neglected to probate the estate for so long, another interested party (such as yourself) could petition the court to be appointed to oversee the estate.

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Q: My parents are deceased and I am the only surviving heir..What do I do about the property?

1 Answer | Asked in Probate for Oklahoma on Mar 16, 2015

Answered on Jul 6, 2015

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Tyler R. Barrett's answer
More information is needed to answer your question. In particular, how was the property titled? In both your parents' names as joint tenants? In only one of their names? Most likely, it will be necessary to probate one or both of the estates of your parents. I recommend that you seek the advice of a probate lawyer on how to proceed. You can call my office at (405) 928-4075 to schedule a free consultation.

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Q: What is the distribution of an insurance company upon death of owner in oklahoma if deceased has no will

1 Answer | Asked in Probate for Oklahoma on Mar 28, 2015

Answered on Jul 6, 2015

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Tyler R. Barrett's answer
To whom, and in what proportions, insurance proceeds are distributed following the policy owner's death depends on whether there was a payable-on-death beneficiary. If the policy owner designated a beneficiary prior to his or her death, then that person(s) would receive the proceeds. Otherwise, the deceased's estate must be probated, and the insurance proceeds would be paid out according to the Oklahoma laws of intestate succession. In this case, that would likely mean one-half to the surviving...

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Q: My grandparents want to write a last will and testament. Is it easy to do it yourself?

1 Answer | Asked in Estate Planning for Oklahoma on Jan 27, 2015

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
You can write a will yourself. However, your grandparents should hire a lawyer to draft wills for them in order to make sure it's done correctly and according to the law. Furthermore, while there are forms available online, there may be special considerations that your grandparents need to account for. A lawyer could assess their personal and financial situation and advise them of this.

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Q: How to start the probate if there is a will?

1 Answer | Asked in Estate Planning for Oklahoma on Mar 23, 2015

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
In order to start a probate case, a petition for probate must be filed with the district court. Which district court to file the petition in depends on where the deceased resided at the time of their death and where they owned property. After the petition is filed, notice is given to family members and other interested parties and a hearing is held where the court appoints a personal representative. A probate case should only be conducted with the advice and assistance of an attorney, as filing...

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Q: Is it possible for probate to last over a year and a half?

1 Answer | Asked in Probate for Oklahoma on Apr 20, 2015

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
Probate can be both expensive and time-consuming. For smaller, simpler estates, a probate case in Oklahoma can be completed in a few months. However, several factors can extend this timeline, such as creditor claims, disputes regarding the validity of the will or challenges to appointment of the personal representative and where there is property to be sold.

It's unclear from the information you provided whether your grandpa's house is to be sold. If it is, that could be what's...

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Q: Do I need a lawyer to go through probate if the only assets not assigned to a beneficiary are mineral rights?

1 Answer | Asked in Probate for Oklahoma on Jun 13, 2015

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
Hi, thank you for your question. If the mineral rights in question were owned in your dad's name alone and were not assigned to his trust while he was alive, you will probably need to probate his estate in order for you and your brother to take legal title to the mineral rights. Because your dad had a pour-over will, the probate court would issue an order transferring the mineral rights to the trust. Then as trustee you would sign a deed conveying the mineral rights according to the terms of...

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Q: My father died in 1984 in TX and will probated. I now have mineral rights in OK. Do I have to have his will probated

1 Answer | Asked in Probate for Oklahoma on Jun 18, 2015

Answered on Jul 2, 2015

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Tyler R. Barrett's answer
Did you inherit the Oklahoma mineral rights from your father? If so, it's likely that a probate of his will in Oklahoma is necessary to ensure that legal title to the minerals is transferred to your name. Oklahoma has special probate procedures for people who passed away while residing in another state.

Here is a link to my website for more information: http://www.tylerrbarrettlaw.com/practice-areas/probate/small-estates-oklahoma-summary-administration/

And you can call me at...

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Q: Paternal grandma took child from dad. Mom thought dad had child. Does mom have right to get child. There is no custodor

1 Answer | Asked in Child Custody for Oklahoma on Nov 6, 2014

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
Unless the mother's rights have been terminated by a court, or a court granted grandma guardianship over the child, the mother still has parental rights which include custodial rights. The mother should contact a good lawyer with experience in child custody to learn what is her best plan of action.

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Q: How do I get emergency custody of my 2 year old cousin? Her mom got put in jail.

1 Answer | Asked in Child Custody for Oklahoma on May 12, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
A lot depends on who is available to care for the child, where the child's father is, what is best for the child and whether or not the child is actually in DHS custody or not. You should talk to a good attorney who deals with child custody issues to find out what your options are.

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Q: my sons already in DHS custody I was wanting to know if I could sign full custody over to my brother and my sister in la

1 Answer | Asked in Child Custody for Oklahoma on May 13, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
You need to discuss your options with a good lawyer who has experience dealing with DHS. If you still have your parental rights, you still have options. The age of your child, and what DHS, the State, the judge, and the child's attorney find is in your child's best interests are a consideration in DHS cases.

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Q: Can I be re-charged if I was released

1 Answer | Asked in Juvenile Law for Oklahoma on Jun 2, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
On the surface, it would appear as though the minor could still be charged. There are factors which a good juvenile lawyer would consider and discuss with you before answering your question. If the State has gathered more information about the crimes, it's possible that the youth would face charges.

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Q: Can charges be dismissed for a minor

1 Answer | Asked in Juvenile Law for Oklahoma on Jun 2, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
You need to consult a good attorney who has experience in juvenile delinquent matters. There are many aspects of this scenario that can impact the minor's situation, for instance, the age of the minor, any prior charges, and so forth.

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Q: CAN I GET MY RIGHTS BACK TO MY SON

1 Answer | Asked in Family Law for Oklahoma on Apr 13, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
Possibly.

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Q: is it aginst the law to spank a child in DHS custody

1 Answer | Asked in Family Law for Oklahoma on Apr 23, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
It is against DHS policy to spank a child in DHS custody. Whether or not it rises to the level of a crime depends on many things, one of which is the severity of the spanking.

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Q: can a parent sign their rights away to child during divorce?

1 Answer | Asked in Family Law for Oklahoma on May 5, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
A court would have to accept the parent's relinquishment of parental rights, and the court would consider what is in the best interests of the child(ren) before doing so.

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Q: Custodial parent leaves the state,,

1 Answer | Asked in Family Law for Oklahoma on Jun 3, 2015

Answered on Jun 3, 2015

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Lee Anne Dickens' answer
Do you have an existing custodial agreement?

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