What if Someone Dies with No Will in Oklahoma?

Dies with no will

When someone in Oklahoma dies with no will, state laws are in charge of distributing their belongings. This process is known as intestate succession. It can be complex and confusing, and understanding the different steps that occur can help you make informed decisions about your own estate planning or that of a loved one. This article will explain more about…

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How Can I Gift Retirement Accounts To My Loved Ones When I Die in Oklahoma?

Gift Retirement Accounts

When you pass away you can Gift Retirement Accounts and other assets to your loved ones as part of your estate. As you consider estate planning in Oklahoma, one of the key components you might think about is how to pass on your retirement accounts to your loved ones. It’s a major aspect of managing your financial legacy and ensuring…

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In Oklahoma, Can An Ex-Spouse Contest A Will?

There are circumstances where an ex-spouse can contest a will drafted by a former spouse. When dealing with the delicate matters of wills and estates in Oklahoma, it’s important to understand the specific legal avenues available. This is particularly relevant if you’re an ex-spouse wondering if you have the standing to contest a former partner’s will. Oklahoma law provides clear…

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Do All Wills Need To Be Probated In Oklahoma

All Wills Need To Be Probated

When it comes to settling someone estate when they pass, a very common question that arises is whether all wills need to go through probated in Oklahoma. Probate is the legal process through which a deceased person’s assets are distributed. This process includes paying off debts, distributing their assts and settling their estate as a whole. Additionally, the probate process…

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How Do I Transfer Property To A Trust In Oklahoma?

Gift Retirement Accounts

For the purpose of Estate Planning its important to know how you transfer property to a Trust that you own. Understanding trusts and property transfers in Oklahoma can be complex, but it’s important for managing your estate effectively. The last thing that you want is for their plan to fail due to a lack of funding the trust. This blog…

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Requirements For Challenging a Will Based on Incapacity In Oklahoma

Challenging a Will Based on Incapacity

Probating a loved ones estate sometimes involves an emotional component that makes an already difficult time event harder. Because of this, challenging a will based on incapacity is one of the most sensitive issues that can arise. It should be a time to honor a loved ones whishes regarding their assets. Most times their will is a reflection of their…

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Do I Have To File Probate in Oklahoma

Have To File Probate

Whether or not you have to file probate depends on property the decedent owned when they died and the extent of the estate planning done while they were alive. If proper estate planning happens prior to death, there are many ways to make distributing assets upon death much easier. Avoiding probate in Oklahoma, as in any state, typically involves estate…

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Can A Spouse Receive Property If There Isn’t A Will?

Receiving property without a will

When your spouse dies intestate, receiving property without a will might seem tricky. In Oklahoma, an individual who dies without a will has the distribution of their property determined by intestate succession laws. These laws serve as a default will for the deceased, establishing a hierarchy of beneficiaries based on familial relationships. This article dives into the nuances of these…

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What Should Be Included in An Estate Plan in Oklahoma

Included in An Estate Plan

In Oklahoma having the right documents included in an estate plan is key to its success. An estate plan is a crucial tool for protecting your assets, providing for your loved ones, and ensuring that your wishes are carried out both during your lifetime and after your death. A well thought out estate plan typically consists of several key documents,…

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In Oklahoma, Can A Pretermitted Child Challenge Or Be Excluded From A Will?

Pretermitted Child

In estate planning and probate law in Oklahoma, a unique situation arises when dealing with a pretermitted child. This is a child that is unintentionally omitted from a will. Some reasons might be because they were born or adopted after the will was made. The following information clarifies whether a pretermitted child in Oklahoma can challenge a will, and if…

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Can A Surviving Spouse Be Disinherited In Oklahoma Estate Planning?

Surviving Spouse

When devising an estate plan, it’s crucial to understand the legal boundaries, particularly regarding the rights of a surviving spouse. 2022 Oklahoma Statutes Section 84-44 provides a framework for what you can and cannot do in terms of disinheriting a spouse. Read on to learn more about spousal disinheritance and why involving an experienced Oklahoma lawyer is crucial in navigating…

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Steps To Take When A Spouse Dies In Oklahoma

When A Spouse Dies

When a spouse dies in Oklahoma the loss is devastating. This time can be a whirlwind of emotions and activity. Even in this challenging time of personal loss, though, there are some essential things to pay attention to. This might begin with final arrangements, such as working with a funeral home for a viewing memorial and making decisions. A whole…

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Estate Planning and Inherited IRA Issues In Oklahoma

Estate Planning and Inherited IRA

There are several concerns regarding estate planning and inherited IRA accounts in Oklahoma. An Individual Retirement Account or IRA is an investment account that holds retirement savings with certain tax advantages. This is as long as the money you deposit in a qualifying IRA is held until retirement age. Then, the account holder doesn’t pay any taxes, whether income or…

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Are Children Of Deceased Parents Responsible For Their Parents Debts in Oklahoma

Children Of Deceased Parents

Children of deceased parents in Oklahoma are not directly responsible for the debts of their parents. In the midst of dealing with the loss of a parent, a question that often arises is, “Does a child have to pay their deceased parent’s debts?”. This issue can be confusing. Its filled with legal nuance and fraught with emotions. While the death…

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Does A Deed Override a Will in Oklahoma Probate

The question can a deed override a will is one people ask us all the time. When a deed conflicts with the provisions of a will in Oklahoma, the outcome will depend on various factors. This can include the type of deed, the language in the will, and the legal requirements for property transfers. When a deed for real property…

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Is Selling A Home In Probate Court In Oklahoma Something I can Do?

Selling A Home In Probate

Selling a home during probate is often seen as a daunting task, full of legal complexities and emotional turmoil. But for Oklahoma residents, understanding the probate process and Oklahoma probate laws can simplify the ordeal and make it manageable. So, if you find yourself asking, “Can I sell a home while it’s in probate?” the short answer is yes. But…

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What Are The Benefits Of A Disinheritance Clause in Oklahoma Estate Planning?

Pretermitted Child

A disinheritance clause refers to the act of intentionally excluding someone from inheriting or receiving any portion of an individual’s estate, assets, or property upon their death. This typically occurs when a person who has the legal right to leave property to heirs or beneficiaries chooses to specifically exclude one or more individuals from their will or estate plan. One…

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What Things Make a Will Invalid in Oklahoma?

Make a Will Invalid

In Oklahoma bad procedures can make a will Invalid if it doesn’t satisfy legal requirements. Estate planning is one of the most important legal procedures that many people go through. However, the effects of the choices and the legal validity of how you made in your will won’t be fully known until after you are gone. When considering how you…

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Can I Name a Minor As a Beneficiary of My Estate in Oklahoma?

Make a Will Invalid

In Oklahoma you can name a minor as a beneficiary of your will or insurance policy. In estate planning, people may want to give money or valuable property to a minor child, whether their own child or a grandchild or a special niece or nephew. They leave this money either in a will or as the beneficiary of an insurance…

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What Is The Cost Of Probate in Oklahoma and Can I File It Without an Attorney

Selling A Home In Probate

The cost of a probate in Oklahoma can vary depending on several factors, such as the complexity of the estate and whether there are any disputes or challenges to a will. Some probate cases involve more administration than others and the probate process my involve more work. This also depends on the complexity of the case including the number of…

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What Is Probate Litigation in Oklahoma Estate Planning?

The potential for probate litigation in Oklahoma should inform the type of state planning you engage in. Going through probate court can be intimidating. Probate is the process your loved ones must go through to access your assets after your death. It is a court process where an induvial is appointed to locate all the assets of your estate and…

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How Does A Buy-Sell Agreement For A Business Work?

Appeal an Award of Attorney's Fees

A well drafted buy-sell agreement for a business in Oklahoma is critical for transferring business assets. As a business owner, you know there are multiple ways to enter contracts with other business owners. You do it everyday as you run your business. You may be looking to outsource your payroll or find an induvial to deal with shipping products for…

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Can I Get An Order To Sell Property In A Probate Case in Oklahoma?

Children Of Deceased Parents

In order to sell property in a probate you need a court order signed by the Judge in the case. Oklahoma probate can be an overwhelming process, especially if you are unfamiliar with it and it is your first time. In the probate process, you may be appointed by the probate court as the personal representative of a loved one’s…

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What Is A Special Needs Trust In Oklahoma, And Can I Make My Own?

Special Needs Trust In Oklahoma

A special needs trust In Oklahoma is a part of a well planed estate. It is crucial to have an estate plan to help ensure that your belongings and assets go to the people you want them to after you’ve passed away. When considering what documents you’ll need to execute as part of your estate plan, it is essential to…

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What Is A Gun Trust in Oklahoma, And Why Do I Need One?

Gun Trust in Oklahoma

A gun trust in Oklahoma is a legal document commonly used in estate planning that helps to protect gun owners and their Second Amendment rights. A gun trust facilitates the lawful purchase, possession, and sale of class three weapons. Class three weapons include machine guns, submachine guns, suppressors or silencers, and other destructive devices. Like many other trusts, a gun…

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What Is A Final Accounting In Oklahoma Probate

Home Builder Breaches His Contract

The final accounting In Oklahoma probate case can be said to be the beginning of the end of the case. From its begging to its end a the probate process is very technical in the order and format the pleadings in the case are filed. The process and the way things go is also impacted by the size of the…

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How Does Estate Planning and Probate Work in Oklahoma?

Estate Planning and Probate

Estate planning and probate in Oklahoma is governed by state law statutes. Its designed to help people distribute their assets when they pass. As a society, we respect the wishes of the deceased. As a result, the law requires us to engage in the probate process when a friend or family member passes away. During this process, someone is appointed…

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Does An Irrevocable Trust Protect My Assets From Creditors In Oklahoma?

Homeowners Associations

An irrevocable trust is a great estate planning tool. When you decide to strategize your estate plan, your estate planning attorney might recommend setting up a trust. A trust establishes a relationship where one party (the trustor) gives another party (the trustee) the right to hold assets for the benefit of a third party (the beneficiary). There can be advantages…

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What Is An Affidavit Of Heirship In Oklahoma Probate?

Affidavit Of Heirship

In Oklahoma and many states across the United States, the state legislature has provided a way for families with loved ones who have recently passed away to move some of their assets without needing to go to probate court if they meet certain characteristics. These forms are sometimes called Small Estate Affidavits in Oklahoma estate planning. It is called an…

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Oklahoma Intestate Distribution For Out of Wedlock Children

Selling A Home In Probate

Intestate distribution for out of wedlock children can be different than it is for children born to a marriage. In Oklahoma, the government has a default will for you if you die without one. This process of using the government’s will for you is called intestate succession. Your estate may go through probate court, and a judge will help your…

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Do You Need A Will To Transfer Bank Accounts When You Die in Oklahoma?

To transfer bank accounts when you die there are a few different methods available in Oklahoma. A will works as a way to transfer ownership of an asset like a bank account from someone deceased to someone who is living. The will or Estate plan is used as a guide for a probate court judge to help determine where the…

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What Can Cause Probate Delays In Oklahoma?

Estate Planning and Inherited IRA

Probate delays in Oklahoma are frustrating. Probate is the Court’s process to distribute a deceased person’s estate. The probate process can be a difficult time for families. Emotions are running high, money is involved, and everyone is on edge. This article will describe some of the most common probate disputes and how these disputes might delay the probate process so…

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Estate Planning For Blended Families in Oklahoma

Planning For Incapacity

Estate planning for blended families in Oklahoma continues to be more important. In the United States, the current divorce rate for first-time marriages is almost fifty percent. Of the fifty percent of marriages that end in divorce, most people re-marry. Bringing two different families together can be difficult and result in many emotions for both sides of the family. These…

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

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?

Filing Bankruptcy on Past Rent

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?

Affidavit Of Heirship

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?

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?

Bankruptcy And Senior Citizens

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

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?

Children Of Deceased Parents

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?

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

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 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 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?

Gun Trust in Oklahoma

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?

Estate Planning and Probate

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

Affidavit Of Heirship

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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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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Do I Have To Probate My Will In Oklahoma?

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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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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Tulsa Probate Lawyers

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

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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