Oklahoma Estate Planning Questions & Answers
Q: My mother died in an accident and left me her house in JT with ROS a year before. Can her creditors come after it?
Richard Winblad's answer
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.
No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.
Q: In oklahoma, would conversion of estate funds by a co executor be a state crime or a county crime?
Richard Winblad's answer
See
A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:
...
B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:
1. If the value of the property embezzled is...
See
A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances:
...
B. Except as provided in subsection C of this section, embezzlement shall be punished as follows:
1. If the value of the property embezzled is...
Q: How large does my estate need to be in order to justify hiring an estate planning attorney?
Richard Winblad's answer
Estate planning attorney does more than just help you get assets to family members. That is a secondary concern. My first thoughts are how to protect you will you are still alive. If you don't have proper Powers of Attorney & Advanced Healthcare Directives in place, your family may face uncertainty, chaos and high costs.
Most estate planning attorneys handle small estates on a flat fee basis and find ways to save you money now and your family money later.
Estate planning attorney does more than just help you get assets to family members. That is a secondary concern. My first thoughts are how to protect you will you are still alive. If you don't have proper Powers of Attorney & Advanced Healthcare Directives in place, your family may face uncertainty, chaos and high costs.
Most estate planning attorneys handle small estates on a flat fee basis and find ways to save you money now and your family money later.
Q: Does the fact that a death is a suicide affect the terms of that person's will?
Richard Winblad's answer
I don't see how unless the will was written at time that the person was of unsound mind.
I don't see how unless the will was written at time that the person was of unsound mind.
Q: My husband and I are still married, but estranged. Is he still entitled to my property after I pass away?
Doak Willis' answer
Yes or a portion of it if you have children with him. You must be divorced before you pass away in order for him not to be an heir.
Yes or a portion of it if you have children with him. You must be divorced before you pass away in order for him not to be an heir.
Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.
1 Answer
| Asked
in
Energy, Oil and Gas, Estate Planning and Probate
for
Oklahoma
on
Answered on Nov 8, 2018
Answered on Nov 8, 2018
Richard Winblad's answer
If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.
If funds are with the unclaimed property division & the total value is under $10k you may be able to use their affidavit process. But keep in mind that once production begins there oil company will probably make probate a title requirement before they release royalty payments.
Q: My father died and my sister has offered me nothing from estate he had land , vehicals and bank accounts .
Richard Winblad's answer
Sorry for your loss.
It is impossible to say whether or not he had a will based solely upon an absence of a probate. It sounds as though your father was single at the time of his death. You should have an attorney review the land records to determine what interest he had therein. It might make sense for you to initiate a probate action. If a Will is later found it can be admitted, but it is not needed to begin.
Sorry for your loss.
It is impossible to say whether or not he had a will based solely upon an absence of a probate. It sounds as though your father was single at the time of his death. You should have an attorney review the land records to determine what interest he had therein. It might make sense for you to initiate a probate action. If a Will is later found it can be admitted, but it is not needed to begin.
Q: My ex-husband passed away without a will. He still owes me 3 years of payments per the divorce degree a lien
Richard Winblad's answer
You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.
You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.
Q: My dad passed away and his will states that his proberty is left to my brother and everything else is split equally.
Richard Winblad's answer
This may depend on how his property is titled. If he had a home in his own name then probate will be necessary in order to transfer title. You should visit with a probate attorney. This may be eligible for a summary probate procedure.
This may depend on how his property is titled. If he had a home in his own name then probate will be necessary in order to transfer title. You should visit with a probate attorney. This may be eligible for a summary probate procedure.
Q: If an Irrevocable Trust is sued, are there any actions the beneficiaries must take in response to lawsuit?
Richard Winblad's answer
It should be the responsibilities of the Trustee, however as a beneficiary you are interested in the outcome. You should consult an Colorado attorney and monitor the developments.
It should be the responsibilities of the Trustee, however as a beneficiary you are interested in the outcome. You should consult an Colorado attorney and monitor the developments.
Q: How long does an executor have to distribute funds once final approval is given in court?
Richard Winblad's answer
If the assets are liquidated, taxes and creditors paid, it shouldn't take long.
If the assets are liquidated, taxes and creditors paid, it shouldn't take long.
Q: Can my dad will me his business or is there some other step he has to take beyond that to ensure his business transfers
Reece B. Morrel Jr's answer
Yes, there are other steps you need to take. I DO NOT recommend the use of a will to transfer a business because it may take to long to complete the necessary steps.
There are several methods that can be used to transfer your Dad's property interest in his business to you.
However, it is not possible to make a recommendation without knowing the type of property your Dad owns. Common types of property include real estate, stock, personal property, partnership interests, etc....
Yes, there are other steps you need to take. I DO NOT recommend the use of a will to transfer a business because it may take to long to complete the necessary steps.
There are several methods that can be used to transfer your Dad's property interest in his business to you.
However, it is not possible to make a recommendation without knowing the type of property your Dad owns. Common types of property include real estate, stock, personal property, partnership interests, etc....
Q: My father passed away while being separated for over 4 yrs living in separate states. She kicked him out.
Richard Winblad's answer
Sorry to hear of your loss. It sounds as though your father had children apart from the union with his estranged wife. Unless they were divorced, it appears that the estranged spouse will inherit a portion. This statute probably applies if he did not have a Will:
d. if there are surviving issue (children), one or more of whom are not also issue of the surviving spouse:
(1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and...
Sorry to hear of your loss. It sounds as though your father had children apart from the union with his estranged wife. Unless they were divorced, it appears that the estranged spouse will inherit a portion. This statute probably applies if he did not have a Will:
d. if there are surviving issue (children), one or more of whom are not also issue of the surviving spouse:
(1) an undivided one-half (1/2) interest in the property acquired by the joint industry of the husband and...
Q: How does an advanced healthcare directive work in the context of estate planning?
Richard Winblad's answer
It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.
It has to do with decisions. While it does not determine how an estate is divided, it is an end of life document that communicates your wishes regarding medical treatments if you become unable to speak for yourself.
Q: Do I have legal right to obtain a portion of deceased parents belongings/ or debts without a will
Richard Winblad's answer
Probably, this is generally governed intestacy statutes where the children (or their surviving decedents) inherit if there is no Will. A court would appoint a special administrator or personal representative to administer. Generally, debts of the decedent must be satisfied first.
Probably, this is generally governed intestacy statutes where the children (or their surviving decedents) inherit if there is no Will. A court would appoint a special administrator or personal representative to administer. Generally, debts of the decedent must be satisfied first.
Q: My uncle is the personal representative for my dad's estate and he doesn't like me so he won't let me see the will. Is
Richard Winblad's answer
Sorry to hear of your loss.
Title 58 O.S. Section 21 - Delivery of Will to District Court by Custodian states:
Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby....
Sorry to hear of your loss.
Title 58 O.S. Section 21 - Delivery of Will to District Court by Custodian states:
Every custodian of a will, within thirty days after receipt of information that the maker thereof is dead, must deliver the same to the district court having jurisdiction of the estate, or to the executor named therein. A failure to comply with the provisions of this section makes the person failing responsible for all damages sustained by any one injured thereby....
Q: Need to know what Oklahoma legal form do I need to fill out to claim property left to me and my brother on a TOD Deed
Richard Winblad's answer
Sorry for your loss.
You have only 9 months to file a form to claim the property.
The legislature has not created a form. You are correct that the affidavit of surviving joint tenant is incorrect.
An attorney prepared form should cost about $250.
You and your brother should also consider dividing the property to avoid issued in the future.
Sorry for your loss.
You have only 9 months to file a form to claim the property.
The legislature has not created a form. You are correct that the affidavit of surviving joint tenant is incorrect.
An attorney prepared form should cost about $250.
You and your brother should also consider dividing the property to avoid issued in the future.
Q: Can a child I've disowned still somehow get my assets if I don't write my will in the correct way?
Reece B. Morrel Jr's answer
It depends on how you have "disowned" them.
If you do not have any estate planning documents such as a will or trust, then a Probate Court will follow the Oklahoma statutes as to how you property is distributed to your heirs - which can include your children.
YOU are able to override these "default" settings with properly prepared estate planning documents (will, trust, etc.).
In order to specifically address your questions and concerns, you should contact a lawyer for...
It depends on how you have "disowned" them.
If you do not have any estate planning documents such as a will or trust, then a Probate Court will follow the Oklahoma statutes as to how you property is distributed to your heirs - which can include your children.
YOU are able to override these "default" settings with properly prepared estate planning documents (will, trust, etc.).
In order to specifically address your questions and concerns, you should contact a lawyer for...
Q: What are the pros and cons of my parents adding me to their deed?
Reece B. Morrel Jr's answer
You may want to consider a Transfer on Death Deed. On the death of your parents, you will receive a "step-up" in basis to the "fair market value" as of their date of death. This stepped-up amount will then be used in the calculation for capital gains.
One of the problems in selling a $70,000 house for $35,000 is that it is for less than fair market value. This could cause problems if they try to qualify for Medicaid within the next 5 years.
I would recommend that you contact...
You may want to consider a Transfer on Death Deed. On the death of your parents, you will receive a "step-up" in basis to the "fair market value" as of their date of death. This stepped-up amount will then be used in the calculation for capital gains.
One of the problems in selling a $70,000 house for $35,000 is that it is for less than fair market value. This could cause problems if they try to qualify for Medicaid within the next 5 years.
I would recommend that you contact...
Q: Can someone with a criminal record be a trustee?
Reece B. Morrel Jr's answer
Technically? Yes.
As an example, suppose a person (aka the Grantor), creates a revocable living trust appointing themselves as the Trustee. If the person who is both the Grantor and Trustee has a criminal record, then the answer is "Yes."
More facts would be helpful.
If you are trying to disqualify someone, I suspect that the beneficiaries would want to look at the nature of the crimes.
For example, is the criminal record from a felony conviction of embezzling...
Technically? Yes.
As an example, suppose a person (aka the Grantor), creates a revocable living trust appointing themselves as the Trustee. If the person who is both the Grantor and Trustee has a criminal record, then the answer is "Yes."
More facts would be helpful.
If you are trying to disqualify someone, I suspect that the beneficiaries would want to look at the nature of the crimes.
For example, is the criminal record from a felony conviction of embezzling...
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