Lawyers, Answer Questions  & Get Points Log In
Oklahoma Questions & Answers
1 Answer | Asked in Probate for Oklahoma on
Q: In Oklahoma is there a time frame that a persons estate has to be closed? My uncle passed 8 years ago and the guardian

My uncle passed 8 years ago and the guardian won't close estate and will not give answers regarding estate. Can we go somewhere to see documents relating to status of property and monetary assets.

Ben F Meek III
Ben F Meek III answered on Mar 31, 2020

The guardianship over your uncle ceased when he died. The guardian at that point should have filed a Final Account and request to formally terminate the guardianship. If the guardian did not do so, they may be held to account and possibly to pay damages for any property that has have not been... Read more »

1 Answer | Asked in Car Accidents, Civil Litigation and Insurance Bad Faith for Oklahoma on
Q: in a total loss claim can the insurance co deduct the salvage value from the actual cash value that is due for claimant

this was a five vehicle ,accident the fifth vehicle was a Ford F-250 truck and the insurance company for the driver's insurance co. accepted full responsibility for all damages by subrogation

Peter N. Munsing
Peter N. Munsing answered on Mar 30, 2020

If the claimant wants to keep the car, yes they can say "well,you are getting back what the salvage value is." Now you need to determine how they figure that, and if what you get will allow you to repair the car to the level it can be inspected. If there are problems with that or other problems... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Maximum punishment for a grand larceny with afcf?
David A. Cincotta
David A. Cincotta answered on Mar 30, 2020

Assuming the value of what has been alleged to have been stolen exceeds $1000, then the range of punishment for a Grand Larceny AFCF (with one prior or with two or more priors with none of them being a felony enumerated in Title 57, Section 571) is 0 to 10 years. Grand Larceny AFCF (with two... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: Divorcing my wife in Oklahoma, am I legally required to provide her with a vehicle. Am i responsible for her health

Am i legally required to provide wife with a vehicle or transportation? Am I responsible for making sure her health issues are addressed and taken care of? In example providing transporatation to and from doctor visits, ect if we are divorcing

Pete David Louden
Pete David Louden answered on Mar 28, 2020

What the court may order is going to be very fact specific to each individual case. To get reliable information applicable to your specific situation consult with an attorney. The Governor has declared that Attorneys are considered essential and therefore many attorneys are still operating and... Read more »

View More Answers

1 Answer | Asked in Small Claims and Real Estate Law for Oklahoma on
Q: My mother passed in January, she was single and I'm her only child but there's no will stating who gets the house. What

Do I do? Or have to do to get my Mother's house?

Matt Fleischer
Matt Fleischer answered on Mar 28, 2020

I’m sorry for your loss. You will have to probate her estate in the county where she resided when she passed. However, if you are her only heir, it should be relatively inexpensive and fast, especially if her entire estate was worth $200,000 or less.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What is the maxium punishment for Grand larceny with Afcf? What if the individual has 17 years of probation also?
Tracy Tiernan
Tracy Tiernan answered on Mar 28, 2020

There’s not enough information to answer your question with specificity. Grand larceny has different grades of punishment based upon the value of the items stolen. With the prior felony conviction it could be a dramatic difference in the ranges of punishment. If you’re already on a long... Read more »

1 Answer | Asked in Family Law for Oklahoma on
Q: Due to the covid-19 I have had to forgo my weekend visits with my two children. My ex is denying video chat.

But, not phone calls because that is in our divorce decree. He will not allow me video chats with our kids during a pandemic. Can he do that? There is no provision's regarding video calls however, doesn't that violate my civil rights as a parent?

Jeffrey Lampert
Jeffrey Lampert answered on Mar 25, 2020

So much depends on the Final Judgment ending the marriage. Did it make a provision to allow video? Did it incorporate a Marital Settlement Agreement that contained a provision to allow video? If not, as much as it might be detestable the refusal is not in contradiction to court order.

1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: My grandmother died in 1985 with no will but she made her wishes known to each of her 7 kids. Her grandchildren and even

her adult great children knew her wishes were for one of her daughters and her son in law (my mother and father) to have her house. The iems in the house went amicably to whoever wanted what. My parents lived in the house several times over the years and always kept the real estate taxes current.... Read more »

Matt Fleischer
Matt Fleischer answered on Mar 24, 2020

Probate will likely be necessary, but it should be cheap and quick. On the other hand, if the lot is the only property left in your grandmother's name and all of your grandmother's heirs agree to deed any right they may have in the property to your mother, you can likely avoid probate and instead... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: If I have my firearm confiscated under a off of "intoxicated while in possession of a firearm" am I able to get it back?
Tracy Tiernan
Tracy Tiernan answered on Mar 21, 2020

You need to retain an attorney immediately to protect your rights and property. An attorney will look at the evidence, scrutinize the encounter with law-enforcement, see if there’s anyway to beat the charge. If not, depending upon your prior history, attorneys can typically help you preserve your... Read more »

View More Answers

1 Answer | Asked in Family Law for Oklahoma on
Q: My father past 3 years ago. My truck is still in his name. How do I transfer the title to my name?
Matt Fleischer
Matt Fleischer answered on Mar 20, 2020

First, I'm sorry for your loss.

Second, if your father had a will and left the vehicle to you, you can probably transfer title to your name by using the following affidavit: https://www.ok.gov/tax/documents/405.pdf

If your father did not have a will and no one else has a prior...
Read more »

1 Answer | Asked in Probate for Oklahoma on
Q: What is a Waiver of General Inventory and Appraisement of Estate and Final Account?

Pursuant to Oklahoma Statues, Title 58, Section 281 and Final Acccount-Oklahoma statues. Title 58, Sections 239 and 240

Matt Fleischer
Matt Fleischer answered on Mar 20, 2020

Typically, an estate going through probate must have its assets inventoried and appraised, as well as officially "accounted for" prior to the closing of the probate. However, if the personal representative obtains written consent from all heirs, he/she can ask the court to waive those tasks.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Is possession of cds the only felony that was made a misdeamenor retroactive in Oklahoma?

Wondering if the other one's like Concealing stolen property or burglary 2 retroactive also as of Nov 1st 2019

David A. Cincotta
David A. Cincotta answered on Mar 19, 2020

There is a misconception that the Possession of CDS law was made retroactive. Instead of doing that, the Legislature enacted a law providing relief to individuals currently serving a sentence for a crime that occurred before the crime became a misdemeanor. The law made them eligible for... Read more »

1 Answer | Asked in Car Accidents for Oklahoma on
Q: I was driving down the highway when a person mad a left turn pulled in my lane and I hit them. Who’s at fault

The officer tried to call it a 50/50 because I swerved to the left and hit the rear side of there car not fender back passenger door. I had no time to stop. Could I really be liable??

Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

It's a difficult call to make without the benefit of video cams that show the movements of all vehicles. In the aftermath of such a collision, liability in such settings is sometimes split down the middle for lack of evidence from one side or the other to the contrary. Good luck

Tim Akpinar

1 Answer | Asked in Bankruptcy and Probate for Oklahoma on
Q: My husband’s father’s estate has been in probate for 8 years. We recently filed bankruptcy, can the trustee take it?

My husband’s father’s estate has been in probate for 8 years, there are four heirs. We recently filed bankruptcy and now the bankruptcy judge wants the estate dissolved. We have been trying to get the probate lawyer to dissolve it for years(we could have avoided bankruptcy if this was the... Read more »

Timothy Denison
Timothy Denison answered on Mar 18, 2020

The short answer is yes he can, but you should be contact a probate attorney or your bankruptcy attorney to address this issue.

1 Answer | Asked in Child Support for Oklahoma on
Q: Child support

I’m trying to file child support On my daughters dad & get childcare for my daughter but they are wanting me To put my sons dad on child support as well ? Not for my daughter but for my son, problem is my sons dad takes care of him & provides , I don’t think it’s fair to do that cause he has... Read more »

Pete David Louden
Pete David Louden answered on Mar 15, 2020

Sounds like you have been working with child support enforcement. You would need to address this issue with that agency.

1 Answer | Asked in Family Law, Child Custody and Child Support for Oklahoma on
Q: My sons ex won't allow any communication and visits from him. She is in Oklahoma he in Arkansas anyone pro Bono please.

My sons mom is remarried and wants her husband to adopt her so she is keeping her away from him not only because she has to be in control always but because she has always gotten mad at my son and myself or her own mom and as a form to punish us she keeps my grandbaby hostage and uses her as a tool... Read more »

Pete David Louden
Pete David Louden answered on Mar 15, 2020

This sounds like a very high conflict case. He needs an attorney with specific experience in high conflict cases. The best attorneys for a case like this are in high demand.

You are right that he needs to act very quickly. The court will likely question why this has go on for nine months...
Read more »

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Oklahoma on
Q: My 16 year old son wants visitation with me and I'm not legally his father, only biological and the mother says no

I have a 16 year old son that has a different man on his birth certificate. I know he is mine but not on paper. I am regular in his life and help support him with things he needs. His mother won't let me see him all of a sudden but he wants to see me. What can we do? Can he just leave home and be... Read more »

Pete David Louden
Pete David Louden answered on Mar 14, 2020

I think your best bet is going to be to get the child's mother to agree to visitation. There is a very limited time window to challenge paternity, typically no more than two years. You can meet with an attorney for a consultation to discuss the specific facts of your case.

1 Answer | Asked in Family Law for Oklahoma on
Q: Father has Asburgers&abandoned us a month ago(our 15month old&me@7months preg with his son) Can I Terminate his rights

Hes been gone a month&shown no interest in coming see her but I made him visit 2x for a few hours. He is mentally unstable, quit his job of 5years&moved in w/his wheelchair bound grandma 2hours away. He has neglected our daughter before, every time I have left her in his care. Recently she got a... Read more »

Pete David Louden
Pete David Louden answered on Mar 14, 2020

There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights in a deprived child case.

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: Can my roommates ex wife order me to take a drug test?

My friend is wanting to move in with me but his malicious ex wife says if he does, she can court order me to take a drug test and it would hurt my friend in the courts eyes with his child if I fail.

Brian Boeheim
Brian Boeheim answered on Mar 12, 2020

In a way, yes. Anyone who is potentially in a supervisory role of the minor children in question can be vetted. This means that if the children would be under your care, it is within the Courts power to request a drug test before you take on that role. With that said, I believe almost any judge... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.