COVID-19 Oklahoma Q&A by Practice Area

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COVID-19 Oklahoma Questions & Answers
1 Answer | Asked in Probate for Oklahoma on
Q: Do I have any rights to the house of 31 yrs my father in law owns. My husband and him died without a will last year?
James Tack Jr
James Tack Jr answered on Jan 26, 2021

Sorry for your loss. There is not enough information to fully answer your question. The answer depends upon who died when and who were their heirs. Generally, upon the death of your father-in-law, his property would go to his heirs. That would include his spouse, if any, any living children or... Read more »

2 Answers | Asked in Probate for Oklahoma on
Q: If a person dies intestate, is there a deadline for the filing for probate?

My cousin passed away without a will. He had no children, surviving siblings or parents. My siblings and I are the closest relatives. He had a two week hospital stay prior to his death. So far we have not been able to find out a final bill from the hospital. He had Medicare and VA and we would... Read more »

James Tack Jr
James Tack Jr answered on Jan 22, 2021

I am sorry for your loss. There is no time limit for filing a probate matter in Oklahoma. In order to sell the property or get good title to the real estate, you will have to have an estate proceeding. Unfortuantely, because of the pandemic, we are seeing a lot of people dying without a will and... Read more »

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2 Answers | Asked in DUI / DWI for Oklahoma on
Q: I got arrested for a dui over 6 months ago and it says they’re gonna drug test me i have my medcard can i smoke marijuan

due to covid i haven’t been able to get a court date or start a probation time and it’s been so long i feel as if i’m supposed to be covered by the medcard

Tracy Tiernan
Tracy Tiernan answered on Nov 3, 2020

It is a big chaotic circus right now with different counties implementing different rules relating to the medical marijuana issue and probation. It sounds like you haven’t waived your trial rights or been placed on probation yet which is good. Most judges appreciate when you’re upfront with... Read more »

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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: I want to ask a judge to vacate their own judgment given on Sept. 24 2020, what day must motion be submitted by?

This is a case in Oklahoma regarding a quiet title claim. All 3 defendants were at court house and declined entry by security due to no masks (no signage etc existed stating masks required) they at first refused to provide masks then wile waiting for masks to be retrieved from car, security brought... Read more »

James Tack Jr
James Tack Jr answered on Oct 24, 2020

Motions to vacate generally must be filed within 30 days after the filing of the judgment, provided the judgment was mailed to the parties within 3 days. After the 30 day time period, requests to vacate must be done by petition. If the 30 day time period falls on a Saturday or Sunday, you have... Read more »

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: Man drafts will in 2017 leaving everything in his estate to his daughters; biological, adopted & step. Marries in 2020.

No new will was drafted, but the husband dies unexpectedly in 2020. What does Oklahoma law say this wife is legally entitled to? Or will she have to sell the home she lives in because it is part of the assets mentioned in the 2017 will?

James Tack Jr
James Tack Jr answered on Oct 3, 2020

I am sorry for your loss. The answer first may depend upon how the title to the house was held. I have assumed that the house was in the name of the husband only. I have also assumed there is no antenuptial agreement, which may also affect the answer. there will need to be an administration of the... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: I wax laid off due to covid 19. The company refuses to hire me back or return my calls. What can I do? terry

I was one of the last to be let go when I was laid off and offered severence pay. Now that they called people back to work with my application on file the company and the plant refuse to hire me back. When I was working for them I was always on time and went to work everyday always do what was... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 3, 2020

Hi, more information is needed to fully analyze your claim. Do you have any idea why they are not bringing you back? They would be within their rights to not hire you back as long as that decision was not based on your age, race, religion, or other protected classes. Did someone explain to you why... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife and I split up after i caught her cheating. If I take her to Court to help pay our kids bills could i lose kid?

After I caught my wife cheating we felt it best she move, we split custody 50/50 haven't gotten a "proper" divorce decree, she did not want to take that route. I have always paid 100% of the child care and my daughters insurance on top 100% of our mortgage and home ins. (etc),... Read more »

Brian Boeheim
Brian Boeheim answered on Jul 31, 2020

It is a complex question with a complex answer. It appears as if you have financially supported everyone for a period of time. It also appears that you wife no longer needs you complete financial support. Need is a primary issue when looking at spousal support. Regarding the child support; it... Read more »

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: If a person has a f.t.a warrant in Oklahoma can they make a plea and pay fines without going to court,due to a death?

I need help with my warrant, I never been in trouble in Oklahoma only traffic tickets now this felony warrant haskell county Oklahoma I couldn't make court date my father passed away I called and changed court date but my mind wasn't focused my dad just passed june 14th 2020 my new court... Read more »

Tracy Tiernan
Tracy Tiernan answered on Jul 30, 2020

You need to retain a criminal defense attorney immediately. Even if not considered a valid excuse for missing court, the loss of your father is certainly an “extenuating circumstance” that an attorney could possibly persuade the Court (Judge) to excuse and withdraw the warrant without you... Read more »

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1 Answer | Asked in Criminal Law for Oklahoma on
Q: Why is Kansas not extraditing

We were pulled over in Oklahoma and my nephew had a felony warrant in Wichita KS but they didn’t want to extradite

David A. Cincotta
David A. Cincotta answered on Jul 21, 2020

Several reasons could exist. Generally, when it is a felony warrant and the state is a border state, the state with the warrant will extradite. That said, it could be that because of COVID, a limited budget to transport inmates from other states, or a limited jail space in the county from which... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Due to the COVID-19 can felon request for Judicial review when their 60 months was up in February 2020?
David A. Cincotta
David A. Cincotta answered on Jul 17, 2020

Unfortunately no. There was an order from the Oklahoma Supreme Court extending all deadlines that occurred between the middle of March to the middle of May, as a result of COVID-19. Because you indicate that your deadline was in February, I do not believe there is anything that would extend that... Read more »

2 Answers | Asked in Criminal Law for Oklahoma on
Q: In Oklahoma how much jail time can you get for not completing 18 hours of community service
Brian Boeheim
Brian Boeheim answered on Jun 17, 2020

If you pled to a case and part of the agreement was for you to complete community service hours, and you fail to complete them in the time allotted, the State could file an Application to Accelerate (if you are on a deferred) or an Application to Revise (if you are on a suspended). In either case,... Read more »

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1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my employer fire me for having to miss 4 weeks per Dr's orders? I had 2 strokes (I'm age 27). 8 months employed

Hello there, I am very curious about this. I have been with this company for over 8 months and I recently had 2 strokes. Spent 5 days in the ER and doctors administered every test under the sun to find the cause: 2 Brain MRIs, Chest X Ray, Spinal Tap, Testicular Sonogram, Throat Sonogram, Heart... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jun 9, 2020

You may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. Employers who employ 15 or more people are subject to the ADA. The ADA generally requires employers to offer reasonable accommodations to their employees (in your case, an... Read more »

1 Answer | Asked in Employment Law for Oklahoma on
Q: How do I properly resign if I'm too old to do the work re: Covid-19 safety. I'm a respiratory therapist in Oklahoma.

I was ordered to only work Covid-19 areas, and not allowed to go to "clean" areas. I have hypertension, which is has a 69% mortality rate for persons who contract the disease, Covid-19. I explained the mechanism of action to my superior: the virus SARSCoV-2 targets ACE2 enzymes that... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on May 20, 2020

You may have a claim for failure to accommodate under the Americans with Disabilities Act due to your hypertension. But, this will depend on what your typical job duties are. Do other people who perform your job work with both COVID-19 patients and in "clean" areas? If so, you should... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on

It was entered on regarding my girlfriends felony Dui-d case. Also ORAS was on there.

David A. Cincotta
David A. Cincotta answered on May 5, 2020

It appears that an amended order was filed, likely setting or resetting certain hearings (possibly due to COVID-19 and the Oklahoma Supreme Court's administrative orders pertaining to cases currently scheduled through May 15). ORAS often is used in criminal cases to refer to the Ohio Risk... Read more »

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