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Oklahoma Civil Litigation Questions & Answers
2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation involves complex legal issues related to trusts, power of attorney, and potential financial exploitation. Based on the information provided, here are some key points to consider:

1. Power of Attorney (POA) vs. Successor Trustee: These are typically separate roles with...
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2 Answers | Asked in Civil Litigation, Civil Rights and Estate Planning for Oklahoma on
Q: Can a poa become successor trustee on a notarized affidavit signed a month before trust is changed

Due to incompatancy is the box thats checked on the affidavit successor trustee notarized and signed in September of2022 and exactly 1month prior to myself receiving a new trust from my father whom has dementia was diagnosed in the beginning of 2022 has since been financially exploited for my... View More

John Michael Frick
John Michael Frick
answered on Jun 24, 2024

The settlor (maker) of a trust can name any competent adult as trustee or successor trustee as long as the settlor himself is a mentally competent adult.

The principal (maker) of a power of attorney can name any competent adult as his attorney-in-fact or agent as long as the principal...
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2 Answers | Asked in Civil Litigation for Oklahoma on
Q: My girlfriend's friend is threatening to burn some of the belongings that she forgot at her house after she moved out

My girlfriend lived with her friend for like 2 months, and then she decided to move out since they did not see eye to eye anymore, but since then my girlfriend realized she left some belonging's there including an expensive purse, but the friend nor the friends mom want to give it back, and... View More

James L. Arrasmith
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answered on May 28, 2024

You should address this situation quickly to prevent any potential harm to your girlfriend's belongings. First, have your girlfriend formally request her belongings back in writing, such as through a text or email, making sure to list the specific items she wants returned. This provides a... View More

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2 Answers | Asked in Civil Litigation for Oklahoma on
Q: My girlfriend's friend is threatening to burn some of the belongings that she forgot at her house after she moved out

My girlfriend lived with her friend for like 2 months, and then she decided to move out since they did not see eye to eye anymore, but since then my girlfriend realized she left some belonging's there including an expensive purse, but the friend nor the friends mom want to give it back, and... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2024

From a practical standpoint, personal property laws aside, you could consider letting it go. How much did the purse and other belongings cost, in comparison to costs of legal recovery actions, stress, aggravation, in what could amount to an impossible, no-win situation. Good luck

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1 Answer | Asked in Communications Law and Civil Litigation for Oklahoma on
Q: What do I do if my boyfriend takes my vehicle without permission says if I call the cops he will total it
James L. Arrasmith
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answered on May 28, 2024

I'm really sorry to hear about the situation with your boyfriend. Taking your vehicle without permission is a serious issue, and his threat to total it if you call the cops is very concerning. Your safety and well-being are the most important things to consider right now.

Firstly,...
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1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Should I write Oklahoma department of corrections head detailing all grievances issue before discharging in July?

Im an Oklahoma inmate and in April 2023 my 1st, 5th, 8th,& 14th amendment rights were voilated by prison staff. I tried to address the issues through the prison grievance procedure but the prison administration put up roadblocks and finally transferred me to another prison across state for... View More

James L. Arrasmith
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answered on Apr 4, 2024

Given the complexity of your situation and the alleged violations of your constitutional rights, it would be advisable to take the following steps before your discharge in July:

1. Write a detailed letter to the Oklahoma Department of Corrections Director, outlining all the grievances, the...
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1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: In Oklahoma county district court judicial review how long does the judge have to respond to a motion?

Inmate challenging grievance restriction in Oklahoma county district court. Court gave him till 3-10-23 to provide statement of prior judicial and administrative relief sought with copies attached and verified affidavit of all lawsuits filed in past 10 years inmate complied on 3-5-24 and filed... View More

James L. Arrasmith
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answered on Mar 28, 2024

In the context of Oklahoma county district court, the timeline for a judge to respond to a motion can vary depending on several factors, including the complexity of the motion, the current caseload of the court, and specific procedural rules that might apply. Generally, there isn't a set... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Criminal Law for Oklahoma on
Q: How many times does a pro se indigent prisoner have to file a paupers affidavit in singal judicial review?

Indigent prisoner files judicial review in Oklahoma county district court challenging grievance restriction. Prisoner submits paupers affidavit when initially filing but after court responds prisoner files 9 actions including 4 motions and does not submit another new paupers affidavit with any. Is... View More

James L. Arrasmith
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answered on Mar 21, 2024

When an indigent prisoner in Oklahoma files for judicial review and includes a pauper's affidavit with the initial filing, this affidavit typically allows them to proceed in forma pauperis for the duration of that particular case. This means that the initial affidavit is generally considered... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Inmate being denied access to court so his father with POA efile motions for inmate. Can the father sign the motions?

Inmate being denied access to court. Had his father e-file motion. Father has power of attorney and the form states Any and all affairs concerning me... Does that clause give father power to sign motions for the plaintiff?

James L. Arrasmith
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answered on Mar 18, 2024

When an inmate finds themselves unable to access the court, it can be a deeply frustrating and disempowering experience. In such cases, having someone outside, like a father with Power of Attorney (POA), step in can seem like a practical solution. The POA document, stating "Any and all affairs... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Should I have been given time to get me another lawyer?

My lawyer recused himself from my case and when I asked for time to get another one the judge told me no and made me represent myself that very day in court.

James L. Arrasmith
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answered on Mar 12, 2024

Based on the information you provided, it seems that the judge's decision to deny your request for additional time to find a new lawyer after your original lawyer recused himself may have been problematic. In most cases, when an attorney withdraws from a case, the court should grant the client... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: notarized statement and evidence were removed from motion mailed to courts through prison law Library .What can i do?

Im a Oklahoma prisoner challenging medical imposed grievance restriction in judicial review. The law Library supervisor refused to let me seal my out going legal mail. I sent 133 page motion for staying enforcement of agency order pending review to Oklahoma county court clerk when the motioned was... View More

James L. Arrasmith
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answered on Mar 9, 2024

If you believe that your legal documents were tampered with or removed from your motion after being mailed through the prison law library, you have a few potential options:

1. File a complaint with the prison authorities: Submit a formal complaint or grievance with the prison...
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1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Oklahoma on
Q: I want to negotiate prior to lawsuit, do I send a letter of demand or a letter of intent? Do I include evidence?

I have filed a disability discrimination claim against my former employer and have no legal representation. I want to settle out of court, they offered $10,000 during the EEOC process. Do I need to do a letter of demand or letter of intent or can I just use my own words and ask them to negotiate?

James L. Arrasmith
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answered on Feb 23, 2024

In your situation, you can choose to send either a letter of demand or a letter of intent to your former employer to initiate negotiations. A letter of demand typically outlines your legal claims, the relief you are seeking, and a deadline for the employer to respond before legal action is pursued.... View More

1 Answer | Asked in Civil Litigation, Land Use & Zoning and Municipal Law for Oklahoma on
Q: County refuses to clean a culvert and it floods our property. What can we do?

This has been an ongoing process for more than two years. They say they don’t have the equipment to maintain.

T. Augustus Claus
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answered on Feb 1, 2024

In Oklahoma, if the county refuses to clean a culvert resulting in flooding on your property, you may have legal options to address the situation. First, you could attempt to resolve the issue through direct communication with the county authorities, highlighting the impact of the flooding on your... View More

1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for an impound yard to sell my car at auction without notifying me first

Was in jail for 50 days but was in contact with impound yard every day the whole time and made it clear I would be in to claim my car and not to sell it. The day I got out I went straight there and sawy car sitting in the yard. Asked to gety stuff out and how much fees were. They told me it... View More

T. Augustus Claus
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answered on Jan 29, 2024

In Oklahoma, as in most states, impound yards and towing companies have the legal right to auction off vehicles to recoup unpaid towing and storage fees. However, they must follow certain legal procedures, typically including providing notice to the vehicle owner.

The critical aspect is...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Bought a car from a friend he took it back won't give it back

I didn't have enough time to get it put over my name got pulled over it got impounded he got it out and I won't give me my car back what can I do about that I only had it 3 weeks and I have 30 to 60 days to get it put over in my name

James L. Arrasmith
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answered on Jan 19, 2024

If you bought the car from your friend and have some documentation or proof of purchase, you may be able to take legal action to get the car back. Here are a few options to consider:

1. Talk to your friend and request the return of the car. Show him any receipts, bill of sale, or other...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Is it legal for an rv park to require fingerprinting to access areas of the park??

The rv park I stay in has recently informed me that a fingerprint device is the only way to access the bath/shower and laundry facilities.

James L. Arrasmith
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answered on Jan 18, 2024

The legality of an RV park requiring fingerprinting for access to certain areas can depend on various factors, including state laws and the specific terms of your agreement with the RV park. Generally, private businesses, like an RV park, have some discretion in implementing security measures.... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for Oklahoma on
Q: Bought rv, was told the title was clean,didnt have in hand,I got bill of sale.Found out title wasnt in his name.HELP!?

I asked for a refund,he wont. I called dmv, then court, told court order title wont work cause it was never in his name and he's title skipping. I reported to police for fraud, but still have NO call back.

James L. Arrasmith
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answered on Jan 13, 2024

It's important to act quickly to resolve the issue with the RV title. First, gather all the documents related to your purchase, including the bill of sale and any communication with the seller. Make copies of everything for your records.

You've already reported the situation to...
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1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oklahoma on
Q: Without exhaustion of administration remedies can an Oklahoma prisoner sue for damages upon discharge from prison?

Oklahoma inmate was attempting to address violations of constitutional rights through grievance procedure to exhaustion administrative remedies , prison staff blocked him from proper exhaustion of administrative remedies until he discharged. Inmate discharge before statute of limitations expired on... View More

James L. Arrasmith
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answered on Jan 6, 2024

In Oklahoma, as in other states, prisoners are generally required to exhaust administrative remedies before filing a lawsuit for violations of constitutional rights. This means they need to follow the prison's grievance process to its conclusion. However, there are exceptions to this rule.... View More

1 Answer | Asked in Civil Litigation, Constitutional Law and Municipal Law for Oklahoma on
Q: What are the laws on using chalk on public streets for artistic purposes?
James L. Arrasmith
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answered on Dec 30, 2023

The laws regarding using chalk on public streets for artistic purposes can vary depending on the locality. In general, many places consider chalk art as a temporary, non-destructive form of expression, often likened to free speech under the First Amendment.

However, some cities or towns may...
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