What Are Probate Letters Of Administration in Oklahoma Wills and Trust Law?

Probate Letters Of Administration

Probate letters of administration in Oklahoma deal with who is responsible to administer a persons estate. During our lives, dealing with the loss of a loved one is, unfortunately, inevitable. Administering the estate of a deceased family member can be an arduous, complicated, and emotionally draining task. Many technical legal terms are used that complicate a probate process with which…

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Do I Keep Paying Estate Debts In Probate in Oklahoma?

Paying estate debts In probate

Paying estate debts In probate in Oklahoma comes out of the estate itself. If funds are available they are paid by the executor as part of their probate duties. Oklahoma’s Probate Code details the procedure for paying the creditor claims of a decedent. A question often asked by someone who is faced with going through probate on behalf of a…

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How Long Does Probate Take in Oklahoma?

How Long Does Probate Take

How Long Does Probate Take in Oklahoma; The average time varies greatly depending on the assets and liabilities of the decedent and can take anywhere between four months to over a year. In Oklahoma, probate is required when a person dies as the sole owner of real estate or fails to name a designated beneficiary on their insurance policies, investment…

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Can I Remove an Executor in a Probate Case In Oklahoma?

Kelly Sweeny, Esq.

You can remove an Executor in a probate case In Oklahoma but there are things that must be done first. Imagine this: your loved one dies and leaves behind a will. The will named a specific person to be its executor. However, you and other relatives begin questioning the integrity of this executor. You believe that this executor isn’t fulfilling…

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Living Will or Last Will and Testament , What’s The Difference?

Living Will

A living Will is part of any well prepared estate plan in Oklahoma. Are you interested in estate planning but completely lost on where to begin? Are you confused as your try to piece together all the legal jargon and make sense of what everything means? If so, don’t worry. You’re not alone. As people acquire more wealth and age,…

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What Is Oklahoma Intestate Law? Who Gets What Property

Guardianship Requirements

Oklahoma intestate law is what takes over by default. Creating a will is so important because if you don’t have one in place when you die, the state will decide what happens to everything you own. A will or a trust is a legal document that explains what to do with your property after death, among other things. You die…

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Can I Put My Business In A Trust in Oklahoma?

Business In A Trust

A properly organized and operated business offers levels of legal protection for its owners. This is a great benefit but these protections are limited in scope and area. A corporation or an LLC can provide the owner a liability shield from the company’s actions and debts. It does this while it remains an asset on the individual’s personal balance sheet….

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How Do I Handle My Estate Planning After Divorce In Oklahoma?

Kelly Sweeny, Esq.

Saying “I do” typically comes with a ring, but it doesn’t always come with forever. So here you are, preparing for a divorce, and you realize that there’s so much to do. You realize that planning a wedding was much easier than planning for a divorce and the new estate planning that comes with it. The thing about estate planning…

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What Type Of Oklahoma Power Of Attorney Do I Need?

Oklahoma Power Of Attorney

An Oklahoma power of attorney is a powerful right one person gives to another. There are times when you may need to authorize someone to do something that you would normally do yourself but can’t for some reason cant do. This includes things like an illness or other incapacity. A legal document called a power of attorney allows you to…

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What To Know About Intestate Distribution In Oklahoma

Guardianship Requirements

Intestate distribution In Oklahoma impacts who gets what in a probate court. Losing a loved one is hard. It’s even harder when the family begins bickering over rights and inheritances. Did the deceased leave behind a will or did they die without a will? How do you know, for sure, who gets what? If you’re in Oklahoma and find yourself…

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Executor Duties in Oklahoma Probate

Executor Duties in Oklahoma Probate

Executor duties in Oklahoma probate consist of much more than we normally think. Losing a loved one is painful. And now your loved one’s estate is going to probate court. There is all this talk about executors and administrators. Because you’re grieving, much of it is going over your head. Maybe you’re wondering whether there’s a difference between the two…

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Second Marriage Estate Planning In Oklahoma

Second Marriage Estate Planning

Second Marriage Estate Planning requires a more complex look at your current estate plan. A second marriage could be great for you. Many people find that after a prior marriage a second marriage will provide them personal comfort. But, the estate planning gets more complicated particularly if either of you have any children from your previous marriages. Estate planning is…

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How to Use Pour-Over Wills In Oklahoma Estate Planning

pour-Over Wills In Oklahoma

Pour-Over Wills In Oklahoma Estate Planning are one of many useful tools in the distribution of property after you pass away. The type of tools a person uses in their estate planning really depends on what property they have to distribute to heirs. It also depends on the type of trust they have and other probate avoidance tools at their…

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Should I have a Living Trust Or A Will In Oklahoma?

SLiving Trust Or A Will

Deciding on a Living Trust or a Will In Oklahoma depends on a few different things. When it comes to planning for your incapacity or death, you will naturally come across a number of terms including living trust or a will. These instruments play vital roles including allowing for the distribution of your assets to your loved ones according to…

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What are Benefits of Estate Planning in Oklahoma?

The benefits of Estate Planning in Oklahoma are many fold. An estate plan provides individuals with a number of benefits including the opportunity to dictate what will happen with their assets at their incapacity and death. Completing a will, trust, and other estate planning documents can give you the peace of mind in knowing that you – rather than the…

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Can I Contest a Will in Probate Court in Tulsa

How Long Does Probate Take

It is possible to contest a Will in Probate Court in Oklahoma. Its best that you do the will contest as soon as possible while all the evidence is fresh. There are several basis for a will contest from the will not meeting statutory requirements down to out right fraud. The contest is filed in the Court where the probate…

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Adult Guardianships in Tulsa and How You Get One?

Adult guardianships in Tulsa require the signature of an Oklahoma Family Court Judge before its granted. An individual who is at least 18 years of age, and is impaired due to physical or mental illness or disability, drug dependence, or other such reasons – which results in them not being able to care for their physical or financial safety, is…

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Undue Influence In Estate Planning and Guardianships in Tulsa

Undue Influence In Estate Planning is a fairly common occurrence. Estate planning means much more than mitigating the tax liability associated with transferring assets to others at your death. It also involves choosing one or more fiduciaries (e.g. family members) to manage your financial and healthcare matters at your incapacity and death; choosing who will be responsible for administering your…

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What is The Probate Process in Oklahoma

The probate process in Oklahoma is governed by the states probate laws. Each state throughout the country has its own rules for how probate works. The probate process in Oklahoma is kick started in the majority of deaths occurring in the state. Probate becomes necessary for facilitating the transfer of assets of a deceased and winding up their estate unless…

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What is The Difference Between a Beneficiary and a Trustee in an Oklahoma Trust?

In an Oklahoma Trust the difference between a beneficiary and a trustee is important for deterring rights and duties. Under Oklahoma estate laws, a beneficiary in a Trust is an individual that will enjoy the Trust’s assets. In legal terms, beneficiaries are considered the Trust’s “equitable owners.” The beneficiaries may either receive the assets and cash from the Trust outright…

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Estate Planning and Oklahoma Spousal Lifetime Access Trust (SLAT)

Oklahoma Spousal Lifetime Access Trust is a great tool used to shelter assets. A Spousal Lifetime Access Trust (SLAT) is a written irrevocable trust that one spouse establishes for the benefit of the other. The goal of a SLAT is to transfer assets into a trust that is available to provide some financial assistance to the spouse, but to exclude…

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How To Transfer A Deed When Parents Die in Oklahoma?

To transfer a deed when parents die often times involves filing a probate in Oklahoma. Many times, parents have a revocable transfer on death deed or a trust that keeps the family home out of the probate process. However, if your parents Estate Planning did not get this done, you would need to visit the local county assessor’s office in…

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Do I Have To Get My Will Probated?

If someone makes a will and that person dies, you must probate a will in Oklahoma to determine if its valid. A last will and testament (known more simply as a will) is a legal document which lays out instructions for what to do with some or all of your assets at your death. Some of your assets that might…

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Asset Protection in Oklahoma Estate Planning

Asset Protection in Oklahoma Estate Planning is not that difficult. Imagine the feeling of having your entire life savings vanish at the hands of your creditors or judgement holders. You might own a business where the risk of getting sued is greater than with other professions. Without adequate asset protection planning, a lawsuit or other unfortunate event – whether caused…

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Oklahoma Adult Guardianship Lawyers in Tulsa

An Oklahoma adult guardianship is the means Courts use to allow an adult to handle the legal affairs of another adult. An adult guardianship is also know as a conservatorship. The two terms are the same and used interchangeably. The unfortunate truth is that as our society ages we find our-self needing an increased number of consevatorships. This is for…

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Oklahoma Hand Written Wills Are Valid

In Oklahoma Hand Written Wills Are valid but they must satisfy certain requirements. In Oklahoma hand written wills are called holographic. Holographic wills are wills that are completely handwritten by the person wishing to will their property away when they die. Some people prefer to hand-write their final wishes because its easy and personal. Not all States allow for holographic…

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Dying Without a Will in Oklahoma

Dying without a will in Oklahoma is costly. According to AARP, an unfortunate 60% of Americans do not have any estate plan or will in place to dispose of their property when they die. For those dying without a will in Oklahoma, or any other estate plan to dispose of their property, they have died intestate (not on the highway)….

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What is Probate in Oklahoma?

Probate in Oklahoma is the judicial process of determining who is entitled to receive the deceased person’s property. Whether the person died with a valid will or died without a will, their estate must go through probate in Oklahoma. This is an important process because it ensures that the person’s property is properly distributed to those who are entitled to…

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Transfer on Death Deed in Oklahoma Estate Planning

pour-Over Wills In Oklahoma

A Transfer on Death Deed in Oklahoma Estate Planning is an instrument to transfer or convey real property upon the death of the owner. This allows the owner to transfer their home upon death. They do this without the need of an Oklahoma will or intestate distribution. People have different reasons for using Transfer on Death Deeds in lieu of…

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Oklahoma Charitable Lead Trust Lawyers

pour-Over Wills In Oklahoma

The type of trust you choose is important and there are many different choices. One type is the Oklahoma Charitable lead trust. This is an irrevocable trust that once established the donor will not be able to modify, terminate, or amend the terms of the trust. The purpose of a charitable lead trust is to provide support to one or…

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Adoption and Estate Planning

Adoption and Estate Planning in Oklahoma is a common concern. One of the questions people have is if the person adopted is entitled to inherit from both their natural parents and their adopted parents. Still more questions involve if the adopted person can inherit property through a will or by intestate distribution. If you’ve got questions regarding adoption and estate…

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Irrevocable Trusts in Oklahoma

Irrevocable Trusts

In Estate Planning people often turn to trusts as a way of passing assets to avoid probate. One of the many trusts available is the Irrevocable trust. Irrevocable Trusts are trusts that cannot be altered or ended once they are executed. Unlike revocable trust, they don’t allow for modification and termination if the trust creator has to make changes. Although an irrevocable trust…

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Charitable Donations in Wills and Trusts

charitable donations in wills and trusts

Sometimes a person wants to donate money to a charity in the event of their death.  In fact, about 5% of Americans choose make charitable donations in wills and trusts.  The law provides several ways for this possibility.  This article will explain a few and what the perks are in donating this way. Charitable Donations in Wills and Trusts When…

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Oklahoma Ancillary Probate Information

Hit and Run Crimes

Oklahoma ancillary probate is the process used to distribute property of a person that dies while a resident of one State but has property in a different State. When someone passes away the Probate Court in the State they reside is the state with jurisdiction over their Estate. This means that the Home State is the one that decides if…

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Creating a Trust in Your Oklahoma Estate Plan

When you are creating your estate plan, you will come across the idea of using “trusts”.  There are several different types of trusts that estate lawyers will use as tools in creating your plan.  Of course, you have the ability to choose if you want a trust and what type of trust you would like to include in your plan. …

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Step Children and Estate Planning

Irrevocable Trusts

Step Children and Estate Planning for after you die require certain things be done. Blended families and step-children are a common occurrence in American families today.  This makes up over a quarter of a million families and children who are living with non-biological parents.  With these statistics in mind, it is important to know how the law affects step-children and…

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Holographic Wills in Oklahoma

Holographic Wills in Oklahoma are valid if done correctly. Life expectancy in Oklahoma is 73 years old.  A large percentage of people over the age of 65 do not have a valid will or trust in place.  Sometimes, a will is put in handwriting before a person’s death though.  This is legally a holographic will.  Oklahoma recognizes holographic wills in…

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Revoking a Tulsa Will With an Oklahoma Divorce

Revoking a Tulsa will with Oklahoma divorce is one way to revoke a will. As we go through life and acquire more assets estate planning becomes more important. More importantly then acquiring more assets is the need to protect our family members even after we’ve left this earth. An important part of estate planning and probate in Oklahoma is understanding…

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Tulsa Probate Lawyers

Probate Letters Of Administration

Our Tulsa Probate Lawyers will tell you that probate doesn’t have to be hard. Probate is the legal process by which the court, oversees and directs the distribution of assets and liabilities to beneficiaries. Thus, the probate process is the means by which legal title to real or personal property transfers to heirs or beneficiaries. The distribution of one’s property, whether they had…

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Planning For Incapacity

Planning for incapacity is never a pleasant task. But there is significant risk in delaying the development of such a plan if you should become incapacitated.  Most people associated this type of prolonged loss of consciousness may be elderly people suffering from mental ailments.  However, young people can suffer the same type of incapacity.  It is impossible to prevent temporary…

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