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Oklahoma Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Oklahoma on
Q: I married a man with adult children. We bought a home since. If he passes can they take the home from me?

All children were on their own. Previous spouse deceased. Mortgage comes from my account. Other Bill's from his.

Richard Winblad
Richard Winblad answered on May 20, 2019

A couple of things. Under Oklahoma law for property located here.

If deed named you and your husband as Joint tenants with right of survivorship then the property will belong entirely to you (subject to the mortgage) by filing an affidavit of surviving joint-tenant with his death...
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2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Q: How can a family caregiver get the right to occupy a deceased mother's home

I was a long term caregiver. I have been without electricity for 100 days. City refuses to allow me to reconnect because I live in my deceased mother's home. Have been told an instrument exists that I can file that will give me right to occupy as a caregiver. What Is that and who do I file... Read more »

Kyle Persaud
Kyle Persaud answered on Apr 5, 2019

This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your...
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1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Stockbroker Fraud for Oklahoma on
Q: I need to remove a trustee that has used the trust for her own personal gain. In fact she made changes to the original.

The changes were made while the successor was in declining health and could no longer care for herself. The trustee became the trustee after the successor died. The trust lawyer gave the trustee rules to follow and as such, the trustee violated those rules. The trustee is also a beneficiary and... Read more »

Kyle Persaud
Kyle Persaud answered on Apr 4, 2019

File an action in court to remove the trustee.

Look at the wording in the trust. Does it say that the "situs" of the trust is in a certain state? If so, file the action in that state.

The wording of the trust may also specify in which state a trust action must be filed. If...
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: My Grandmother died in 2009 and my mother was still trying to get 2 different AD&D payouts and she died, what can I do?

My mother was working on it until the day she died and now I don't know what to do! One company is wanting my grandma's estate papers showing my mom was the PR and sole inheritor - how can I get those? Is there a statute of limitations.

Kyle Persaud
Kyle Persaud answered on Mar 7, 2019

To get your grandmother's estate papers, call the clerk of the court where the probate case was filed. The clerk is required by law to give you the papers.

There is not a statute of limitations for probate cases.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
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?

From everything I've been able to collect so far it looks as if she will have more debt than her probative estate. None of her debts have me as a cosignatory or co-borrower.

Richard Winblad
Richard Winblad answered on Feb 18, 2019

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.

2 Answers | Asked in Estate Planning for Oklahoma on
Q: In oklahoma, would conversion of estate funds by a co executor be a state crime or a county crime?

Who would I approach to seek charges?

Richard Winblad
Richard Winblad answered on Jan 30, 2019

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...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: How large does my estate need to be in order to justify hiring an estate planning attorney?
Richard Winblad
Richard Winblad answered on Dec 6, 2018

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... Read more »

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2 Answers | Asked in Estate Planning for Oklahoma on
Q: Does the fact that a death is a suicide affect the terms of that person's will?
Richard Winblad
Richard Winblad answered on Nov 26, 2018

I don't see how unless the will was written at time that the person was of unsound mind.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: My husband and I are still married, but estranged. Is he still entitled to my property after I pass away?
Doak Willis
Doak Willis answered on Nov 12, 2018

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.

1 Answer | Asked in Energy, Oil and Gas, Estate Planning and Probate for Oklahoma on
Q: Oklahoma will not recognize "will" because it was never probated in Oklahoma.

Grandmother died in Oklahoma in 1980, had a will. All known assets were held in "joint tenancy" with her surviving daughter. In 2014, unknown minerals in OK were found. Oil company remitted force-pooled bonus consideration to OK. OK demands a probated will for an estate of virtually $0.... Read more »

Richard Winblad
Richard Winblad answered on Nov 8, 2018

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.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: My father died and my sister has offered me nothing from estate he had land , vehicals and bank accounts .

I have looked on my states public court records and no will has been filed . Does this mean he didnt have one and Im entitled to half his estate ?

Richard Winblad
Richard Winblad answered on Nov 7, 2018

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...
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1 Answer | Asked in Estate Planning, Divorce and Probate for Oklahoma on
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
Richard Winblad answered on Oct 26, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My dad passed away and his will states that his proberty is left to my brother and everything else is split equally.

Do we still have to file probate?

Richard Winblad
Richard Winblad answered on Oct 25, 2018

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.

1 Answer | Asked in Estate Planning for Oklahoma on
Q: If an Irrevocable Trust is sued, are there any actions the beneficiaries must take in response to lawsuit?

If an Irrevocable Trust is sued, is it the responsibility of the trustees, or the beneficiaries, or both, to take actions to respond to the lawsuit? The beneficiaries were not sued individually, only the trust. As a beneficiary, what do I need to do? This is for a case in the State of Colorado.

Richard Winblad
Richard Winblad answered on Oct 19, 2018

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.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: How long does an executor have to distribute funds once final approval is given in court?
Richard Winblad
Richard Winblad answered on Oct 17, 2018

If the assets are liquidated, taxes and creditors paid, it shouldn't take long.

2 Answers | Asked in Estate Planning for Oklahoma on
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

to me when he dies?

Reece B. Morrel Jr
Reece B. Morrel Jr answered on Oct 13, 2018

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....
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1 Answer | Asked in Estate Planning for Oklahoma on
Q: My father passed away while being separated for over 4 yrs living in separate states. She kicked him out.

He did not have a will. He inherited money right before his death. Is she entitled to any of the money. They haven't spoken in months We live in Oklahoma

Richard Winblad
Richard Winblad answered on Sep 25, 2018

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...
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2 Answers | Asked in Estate Planning for Oklahoma on
Q: How does an advanced healthcare directive work in the context of estate planning?
Richard Winblad
Richard Winblad answered on Sep 21, 2018

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.

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1 Answer | Asked in Estate Planning for Oklahoma on
Q: Do I have legal right to obtain a portion of deceased parents belongings/ or debts without a will

Who decides executorship?

Richard Winblad
Richard Winblad answered on Sep 20, 2018

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.

1 Answer | Asked in Estate Planning for Oklahoma on
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

this legal?

Richard Winblad
Richard Winblad answered on Sep 10, 2018

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...
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