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Oklahoma Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Oklahoma on
Q: My stepmother lives in Florida and owns real estate in Oklahoma which has a mortgage she is paying. She set up a revocab

My stepmother lives in Florida and owns real estate in Oklahoma which has a mortgage she is paying. She set up a revocable trust in Florida naming the Oklahoma property to be added. To transfer the property to the trust does she just need to quit claim deed it in Oklahoma to her trust in Florida?... View More

Tyler R. Barrett
Tyler R. Barrett
answered on Nov 5, 2015

In order to transfer the property to her trust, your stepmother will need to execute a quit claim deed and record such in the land records of the county in Oklahoma where the property is located. Prior to doing so, she should confirm that no one else is on the title to the property. I recommend... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: Husband is CEO w/1 partner. He owns 40%. Upon his death he wants to distribute 20% to a daughter and step-daughter,

then give $1,000 to each of 3 kids from prior marriage that have nothing to do with him, never has. Can this be done? I will have insurance.

Timothy J. Pickens
Timothy J. Pickens
answered on Aug 30, 2015

Yes, if the funds are available when he dies. Contact your local Attorney to discuss the issues. TJP

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I have been married for 1 1/2 yrs. I believe my husband is showing signs of dementia which he will be tested for in July

My question is that my husband has had his son- who is a lawyer- guardian over his estate. Does this change things for me as the wife? Do I need to have a lawyer put everything over in my name with my husband to have authority? Or will I be left without any say so over my husband, his care, and... View More

Tyler R. Barrett
Tyler R. Barrett
answered on Jul 13, 2015

Thank you for the question. First of all, I am sorry to hear about your situation. I have family members who suffer from Alzheimer's disease/dementia. It's a tough thing to go through for everyone involved.

I will preface my answer by pointing out that this is a complicated issue....
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Does Oklahoma law recognize a will prepared out of state that did not require probate?
Tyler R. Barrett
Tyler R. Barrett
answered on Jul 6, 2015

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... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: I have a good will, however, since making it I purchased a rental house. Should I do a addendum, to cover all problems?
Tyler R. Barrett
Tyler R. Barrett
answered on Jul 6, 2015

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... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My grandparents want to write a last will and testament. Is it easy to do it yourself?

Ive seen it says you need 2 witnesses, notary, and affidavit. Is this all?

Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

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... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: How to start the probate if there is a will?
Tyler R. Barrett
Tyler R. Barrett
answered on Jul 2, 2015

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... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: How do I remove a personal represtative from a will?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

The best way is to formally revoke the old will and establish a new will with a new personal representative named in the new will. There are problems that can arise with documents that merely modify an existing will. However, you should still consult with an attorney about the formalities of a... View More

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My daughters common law husband passed away in oklahoma. All vehicles were in his name. What do we do?
Mr. Jarod Morris
Mr. Jarod Morris
answered on Apr 25, 2011

Your son-in-law's estate should be admitted to probate. If he died without a will, then your daughter, as his husband is entitled to Letters of Administration which will be allow her to settle the estate and clear title to the vehicles.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: How can I establish that I am an heir to and establish title to real estate left by deceased father in McCurtain, OK?
Mr. Jarod Morris
Mr. Jarod Morris
answered on Apr 25, 2011

The key issue is whether your father died with or without a will. If he died with a will, then find a copy and petition the court to admit the will to probate. If he did not have a will, then you can petition the court to be appointed as Administrator of the Estate. As a child, you are entitled... View More

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