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Oklahoma Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Oklahoma trust question; my stepmother created revocable trust in 2006 - she passed in February, 2017 ....

... successor trustee, an attorney, immediately took over trust - we found stepmothers daughter liquidated all properties and assets of stepmother while she was alive and put it into trust - trustee did not notify any of the 4 current beneficiaries from our side of the family (we are easily found)... Read more »

Richard Winblad
Richard Winblad answered on Feb 13, 2018

You should visit with an attorney who does trust litigation. It is likely that you are entitled to see all of the documents. If you know who prepared the trust, you might ask the attorney for a copy.

"You never really know someone until you share an inheritance with them." Mark Twain

1 Answer | Asked in Estate Planning, Elder Law and Probate for Oklahoma on
Q: Can my mom's boyfriend get her car and house from previous marriage if they are to get married before she dies?

She was on hospice when he made the decision to marry her.

Gary Johnston Dean
Gary Johnston Dean answered on Jan 22, 2018

Yes, that is possible. A spouse is entitled to 1 vehicle of their deceased husband or wife, IF they want it, unless the title is held jointly with some other person. Sorry about your mom, hope she gets better, and that her new husband, IF they get married makes her life a bit better.

1 Answer | Asked in Elder Law for Oklahoma on
Q: My mother has blocked my access to my father. Can I get an order to allow me calls or visits?

My dad is 97 and failing physically but mentally competent. My mom, who has mental health issues, has convinced herself that I am out to steal his money and refuses to allow me phone calls or letters.

I have refrained from going over in person because I want to avoid even the appearance of... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jan 22, 2018

Less expensive method would be to conduct Adult Protective Services division of the Department of Human Services in your county, share your concerns, and ask that they check on your dad. You also may want to go over to visit him, and take a witness with you to video your asking to visit. You also... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Oklahoma on
Q: My father died last January (2017) at age 99. We are aware that a 'business associate' 'borrowed' about $250,000.

We believe this man intended to defraud our father. Can we bring suit for elder abuse even though our father has died?

Richard Winblad
Richard Winblad answered on Dec 11, 2017

First of all sorry for your loss.

The loaned money may be an asset of the estate. Much would depend upon various defenses the partner may have. You would file a probate action and sue as personal representative of the estate if the partner does not pay voluntarily.

1 Answer | Asked in Real Estate Law, Elder Law and Federal Crimes for Oklahoma on
Q: WHAT DOES IT TAKE TO RESCIND A DEED IN OKLAHOMA? MY DEED WAS DIVIDED AND NOT ALL PARTIES WERE PAID.

JOINT DEED, ONLY ONE PERSON GOT PAID, PARTY "A" QCD TO PARTY "B", THEN PARTY "C" REFUSED TO PARTICIPATE. IT WAS ABOUT MINERAL ESTATE IN OKLA

Richard Winblad
Richard Winblad answered on Aug 23, 2017

Your question is not really clear. Sounds like Party C did not sign any deed. Party A can sell only his/her own interest. If these are mineral interests Party C should be unaffected by A's deed.

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Oklahoma on
Q: Prents moved to assisted living. Can the state seize their home for payment even if I am also on the title?

Oklahoma

Richard Winblad
Richard Winblad answered on Aug 23, 2017

Sorry your family is facing this issue.

If your parents are receiving Medicaid benefits there is a potential that the State may want to place a lien on the property. There are many factors to consider including timing of your name being added to the title and who contributed funds....
Read more »

1 Answer | Asked in Family Law and Elder Law for Oklahoma on
Q: What do I have to do to get power of attorney over my mother?

She's retired but sensing all her money to these scammers promising her all kinds of gifts. She has lost her health insurance and she has M.S. and hasn't paid any bills in over 4 months because they keep telling her as long as she keeps sending them her money they will give her all kinds... Read more »

Gary Johnston Dean
Gary Johnston Dean answered on Jun 14, 2017

You should retain a family Law attorney immediately to petition for guardianship, requesting an immediate emergency appointment to stop the drain of funds.

2 Answers | Asked in Elder Law for Oklahoma on
Q: How do I find out statue of limitations on Financial Exploitation of the Elderly./
Adam Studnicki
Adam Studnicki 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...
Read more »

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1 Answer | Asked in Elder Law for Oklahoma on
Q: How can I find out a statue of limitations?

I need to find out the statue of limitation on a case of Financial Exploitationof the Elderly?

Adam Studnicki
Adam Studnicki 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...
Read more »

1 Answer | Asked in Elder Law for Oklahoma on
Q: What do I need to do for two of my great grandmother children taking advantage of her finacially she has dimentia
Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

Talk to a local elder law lawyer, who can review the details and advise.

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...
Read more »

1 Answer | Asked in Elder Law for Oklahoma on
Q: How do you transfer adult guardianship from one person to another.
Howard Berkson
Howard Berkson answered on Dec 29, 2013

Guardianship appointments, modifications, and revocations, are all done by a court. The new guardian should make a motion with the court that initially appointed a guardian. If the present guardian does not object, the motion should say so. Check with the clerk of the court in that county to see... Read more »

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