Broken Arrow Wills & Trusts Attorney

So you’re looking for and have typed in your favorite browser: Probate Lawyer Near Me and you are checking out the results. That may well be fine but what exactly should you be looking for in a probate attorney?

Turns out that probates can be time consuming and at times are arduous. But it need not be. The keys to looking for a good probate lawyer come down to the following:

a) your lawyer of choice speaks your language. They clearly define for you what probate is, what challenges you may face and how to overcome those challenges.

b) the attorney you hire is competent and knows the law. It’s that simple. Either they have the requisite experience or they do not.

c) the lawyer doesn’t play games with you. He or she is upfront with you with the true cost of the probate and there are no hidden costs or expenses.

d) your lawyer is a good communicator. You know where your case stands and how it is progressing through the court. 

e) the lawyer of choice is a good listener. He or she does not do all the talking. They are patient with  you and hear you out on any and all issues you are facing, and

f) your probate lawyer truly wants the case to proceed as expeditiously as possible through the court without undue delays.

Give us a call at (918) 286-8001 and put us to the test. We know probate. We can help you with your Estate, whether it be large or small.

Finding a good probate attorney should not be a taxing ordeal, and why would you need a probate attorney in the first place?

A probate action in the District Court is required when an individual passes away leaving one or more probate assets in his or her name. The probate process essentially takes the decedent’s name off the title to these assets and places them in the name of the next of kin of the departed. 

And what probate assets left behind by a decedent could give rise to one having to file a probate action you ask? 

First would be real estate holdings. This could include a: home, rental property, lake property, a condominium, a deed to mineral rights, and the list goes on. This category is more often that not the primary reason a probate action is required. The examining title lawyer has reviewed the title abstract to a given piece of realty and determined the decedent owned the subject tract of land at the time of his or her passing.

Second would be a stock brokerage account where no beneficiary on the account is listed. This too gives rise to a requirement to file a probate.

The third reason why you would need a probate attorney are financial accounts held at a bank or other financial institution in which no beneficiary or beneficiaries are listed on the account by way of a payable on death provision.

The fourth reason and one we see more often that not is where a decedent has listed his ‘next of kin’ as the beneficiaries to his or her life insurance policy and/or annuity. That individual has passed and the representative from the insurance company and/or underwriter has no idea who those next of kin are. Hence, a probate action is required in the District Court, testimony is taken before the probate Judge, and that person’s heirs or next of kin are determined as a matter of law.

The fifth reason is where the decedent passed leaving an interest in a retirement account and once again, listed his beneficiary or beneficiaries as his or her “next of kin”. A Probate action determines who those heirs are and awards those people with the interest in the retirement plan.

For all these reasons and more a probate attorney will need to be retained. And when it comes to retaining competent counsel look no further than B.A. Law Center PC. We have been doing probates for decades and have the requisite experience when it counts most. Call us at 918-286-8001 and we will be glad to sit down with you and give you a very competitive rate.

Probate can be both costly and time consuming. What techniques can be utilized as a means of avoiding  probate in Oklahoma?

It’s a common question we get in our law office.

The answer to that question is as follows:

1. Set up bank accounts with a ‘payable on death’ provision. That way, should the owner of the account pass away: the proceeds of the account can pass to the payable on death beneficiary without the need for a probate action 
2. Ensure that all beneficiaries to life insurance policies, annuities and retirement plans are up to date. In particular, confirm that the listed beneficiary is a natural person and not otherwise designated as that  individual’s “next of kin” (or similar wording).
3. Draft and fund a Revocable Living Trust (also known as a ‘probate avoidance Trust’). This is perhaps the finest estate planning avoidance technique of them all.
4. Alternatively, have the owner of real estate holdings sign off on a “Transfer on Death Deed” and record that deed for each real estate property held in the County Clerk’s office in and for the County in which  the real estate is held.
5. As for stocks and mutual funds: contact the corporation’s transfer agent and set the account up with a survivorship provision added to it. 
6. Hold property jointly with others. Upon the death of one – the property passes to the other without probate.
7. Gifting estate assets away while you are still alive is another technique for avoiding probate.

As can be seen from the above: avoiding probate in Oklahoma can be accomplished. Especially is this so with proper pre-planning and with utilization of one or more of the techniques set forth above.

A common question we get is: What are the will requirements here in Oklahoma?

The requirements in no certain order are as follows:

I. The testator must be eighteen (18) years or older.

II. The testator must have legal capacity – which in Oklahoma means he or she is of a sound and disposing mind and memory

III. The Last Will & Testament must be signed by the Testator

IV. The Will must be witnessed by two (2) or more witnesses

V. The Will itself must be in writing (except for oral wills), and

VI. The Will must be free from fraud, duress or undue influence.

Getting the will requirements right is not always done. There are cases here in Oklahoma where someone has prepared their own Will, however, the will requirements set forth above were not met and the Will itself was rejected by the Court.

Don’t let that happen to you or a loved one of yours.

Call us here at Broken Arrow Law Center PC and we will ensure that the Will that is drafted for your loved one is not only professionally done but is also ultimately admitted into evidence in a probate court at a later date.

Are you searching for an attorney in Broken Arrow? You have come to the right place.

We help senior citizens. It’s our core group of clients.

We assist them anyway we can. The services we provide include the following:

a) Drafting of Wills and Trusts,  and in particular: drafting of a Last Will & Testament, Revocable Living Trusts and Irrevocable Trusts

b) estate planning – start to finish

c) Drafting of Powers of Attorney – namely powers of attorney over healthcare, as well as powers of attorney over finances.

d) filing of probate actions in the District Court

e) prosecuting and defending wills contests

f) Trust administration – namely administering a Trust estate after the death of the grantor/creator of the Trust

g) drafting of Deeds including: Transfer on Death Deeds, General Warranty Deeds and Quit-Claim Deeds

h) drafting Affidavits of Survivorship

i) filing of quiet title actions concerning defective and/or non marketable real estate titles  

Let us be your attorney of choice. We have the requisite experience. We have been helping seniors for forty (40) years.

What are the basic components of estate planning? They consist of the following:

A. The drafting of a Will and/or Trust. No estate plan would be complete without one. A will and/or trust directs who will be the beneficiary of your assets upon your passing, according to your wishes.

B. A Power of Attorney Over Healthcare. This directs who can lawfully speak for you in the event you become disabled, either totally or partially.  The agent you appoint under this Power makes decisions about your healthcare if you are unable to make those same decisions yourself.  In the event you do not have this Power of Attorney in place prior to your disability: your loved ones will have to have to file a Guardianship over your person.

C. A Power of Attorney Over Finances. This power grants your agent the ability to make decisions concerning your money and other financial investments in the event you are unable to take care of such matters. 

D. A Living Will (also known formally as an Advance Directive to Physicians). This document specifies your preferences for medical care in the event you fall into one of three (3) conditions: i) you are terminally ill (by way of example: you have cancer and/or heart disease)  b) you are persistently unconscious (namely a coma) and/or c) that you have an end state condition (such as dementia).

E. Beneficiary Designations. It is vitally important you go through your estate documents to ensure that your named beneficiaries are up to date. This is particularly critical with insurance policies, annuities and retirement plans.

Estate planning hasn’t have to be difficult. But it does mean at a minimum you have to pay attention to the basic components set forth above. Neglecting these basic components leads to a less than desirable outcome. If you have any questions or concerns about your estate plan do not hesitate in giving us a call at: 918-286-8001. We would be glad to help.

Are you in the market for a will lawyer?

If so, you have come to the right place.

Some times in life: less is more. Rather than signing off on a complex Trust, and spending time managing that Trust: it’s just simpler and easier to sign off on a old fashioned Last Will & Testament. Not to mention it’s less costly.

At a minimum a good Will should cover the following basics:

One. Set forth your marital status and let us know who makes up your immediate family.

Two. Tell us in the event you pass away: who will be the Executor of your Will? The Executor sees to it that your assets pass to your loved ones in the manner you desire.

Three. Sets forth what special gifts you are giving to your beneficiaries -whether it be a cash gift or otherwise.

Four. Let’s us know who gets the residual and/or remainder of your Estate (after special gifts are handed out)?

Five. Sets forth whether or not you are disinheriting anyone. If so, their name or names and the relationship they bear to you.

With these basics covered: your Last Will and Testament will serve you well. After all: it’s your opportunity on this side of the grave to tell the world who gets your belongings. If it clearly sets that out with clarity : you’ve done a good job and your efforts will be rewarded. You have confidence in knowing your things will get to your loved ones in the manner you desire.

Finally, the Last Will & Testament will be admitted later in a probate proceeding assuming: a) the requisite witnesses have watched you sign your Will  b) you have signed your Will before the witnesses and asked them to watch you sign your Will   c) you have dated the instrument  d) the notary public has signed it and placed her seal on the Will and e) the Will itself is not ambiguous… but instead clearly sets forth the nature of your bounty.

A common question we get is: what is the difference between a traditional Last Will & Testament, on the one hand, and a Revocable Living Trust, on the other?

When it comes to wills and trusts one must pay attention to which instrument is being referred to. 

A standard Last Will & Testament (ie. a traditional Will) is a stand alone document.  In the event you have a Will : upon your death your Will will have to be introduced into Court and be probated. That is, the court will examine your Will to determine if it meets the statutory requirements for Wills here in Oklahoma. At the end of the probate process: your assets are transferred to your loved ones according to the distribution scheme set forth under your Will.

A Revocable Living Trust, on the other hand, is quite different from a standard Will. A Revocable Living Trust typically encompasses a number of documents that work together to make the Trust work. Those documents can include  but are not limited to: the Trust indenture itself, a Certificate of Trust, a Declaration of Trust, a Power of Attorney, and Assignment and Bill of Sale, etc.

What are the advantages of a Revocable Living Trust over a standard Will? There are several.

First. Perhaps most importantly – the probate process can be avoided. Your loved ones will not have to go to Probate Court and prove up your Will.

Second. Speed. Probates take time. It’s not uncommon for a probate action to take in excess of one (1) year to complete. Contrast that with a Revocable Living Trust. Given a Trust that is properly created and funded: it’s possible your assets could and can move to your loved ones very quickly following your passing.

Three. Privacy and/or Confidentiality. This is an important feature of Trusts. While probates involve proceedings open to the general public, trusts on the other hand are conducted privately and outside of the court system.

Four. Flexibility. You manage your Trust while you are living. You can adjust how it works.

Five. Trusts greatly reduce legal challenges made by disgruntled family members.  These individuals have a open forum to file a “Will Contest” in a probate action. That’s not the case however when dealing with a Revocable Living Trust. Challenges there are much more difficult.

Six. In the event you become disabled: your Successor Trustee can manage your financial affairs without having to resort to filing a Guardianship action on your behalf.

It makes sense to have a Revocable Living Trust. There’s a reason why they have become as popular as they are here in Oklahoma. Give us a call at: 918-286-8001 and let’s discuss setting one up for you.

Are you seeking out an inheritance attorney? If so, you have come to the right place.

In the event one of your relatives and/or a loved one has passed away – what are your inheritance rights?

The answer to that question here in Oklahoma is as follows:

A. In the event your late relative left behind a Last Will and Testament : this is referred to as a ‘testate’ estate. Your entitlement to inheritance would depend on whether or not you are listed as a beneficiary under the decedent’s Will. Assuming the Will was validly drafted and executed by the decedent prior to his and/or her death: your share of the Estate is the provision provided you under that Will. 

B. In the event your late relative left behind no Last Will and Testament: this is referred to as an ‘intestate’ estate. In that case Oklahoma law found under Title 84 of the Oklahoma Statutes, Section 213-214, dictates what and/or if,  you will be entitled to inherit. The statute basically comes down to how close you are by way of blood line to the departed. Those closest to the departed receive more, while more distant relatives receive less.

It should be worth noting however that adopted children are considered as natural born. Thus, they would inherit in such an intestate estate.

Each case is on it’s own. So please do not hesitate in calling us for an assessment of what if anything you would be entitled to inherit. Call us at: 918-286-8001 and we will be glad to advise you of your legal rights.

Who or what is a probate lawyer and where do I find a good one when I am searching Google under the search term: “probate lawyer tulsa”?

The answer to that two fold question is as follows:

First. A probate lawyer is a lawyer that prosecutes a probate action and/or proceedings. That civil proceeding essentially  does the following:

a) determines if any individual passed away, and if so, what county did he or she reside in at the time of their passing?

b) determines if  the decedent leave behind a Last Will And Testament?

c) determines who were the heirs/next of kin that survived them?

d) determines who should be appointed the Personal Representative of the Estate of the departed?

e) determines what assets, real or personal, did the decedent leave behind?

The outcome  of the probate action is to empower the Personal Representative to distribute the decedent’s assets to those beneficiaries he or she listed as takers under his or her Last Will and Testament.

Secondly. As for a good probate lawyer to undertake the probate action: we here at Broken Arrow Law Center PC have been doing probates, large and small, for decades. We do probates and we do them well. Always have, always will.  Simply put: we have the requisite experience to get the job done. Please give us a call at : 918-286-8001 and allow us to give you a competitive quote on a probate action. We serve the greater Tulsa metroplex.

Did you have questions about Oklahoma’s Statutory Power of Attorney over Finances?

That particular power of attorney is found under Oklahoma’s Uniform Power of Attorney Act, 58 Oklahoma Statutes Section 3001, et seq.   This statute became effective November 1, 2021 and essentially repealed Oklahoma’s Uniform Durable Power of Attorney Act.

It is important to understand that this statutory power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself.  Depending on which items are selected under this power of  attorney: your agent is able to undertake on your behalf a broad range of financial and administration actions.

You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.

Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions found on the form itself.

This statutory power of attorney, however, does not authorize the agent to make health care decisions for you. To authorize your agent to undertake health care decisions: one must execute and/or sign off on an Oklahoma Advance Directive for Health Care and/or a Health Care Power of Attorney. Those are separate instruments from the object of today’s discussion on the statutory power of attorney over finances.

If you have further questions about Oklahoma’s Statutory Power of Attorney Over Finances and want to know more about the topic: do not hesitate in reaching out to us. Just give us a call at: 918-286-8001.

What is probate and what process is involved in prosecuting such a legal action? This is a common question that we get as probate attorneys.

Probate is the court proceeding that is held once an individual passes away. The purpose of probate is to take the decedent’s name off the title to assets that he/she owned during their live time and transfer ownership of those assets to their heirs/next of kin.

The steps involved in the probate process are as follows:

One. Filing a Petition for Probate of a Will.

Two. Setting that petition for hearing before the Court.

Three. Upon hearing the matter: the Court appoints a Personal Representative of the Estate.

Four. Next, the heirs/next of kin of the departed are determined by the Court and entered into an Order.

Five. Letters Testamentary are issued to the Personal Representative of the Estate.

Six. Notice to Creditors is filed giving creditors of the Estate notice of the pending probate action.

Seven. The Personal Representative files a General Inventory and Appraisement of all the property (real and personal) left behind by the Deceased.

Eight. In cases where it is called for: a federal estate tax return is filed and a IRS tax release obtained. 

Nine. All bona fide creditor claims filed against the Estate are paid.

Ten. An interim and then a final accounting is prepared and filed listing all income that has come into the Estate as well as documenting all Estate expenses

Eleven. A hearing is held on issuance of a Final Decree of Distribution.

Twelve. Upon entering a Final Decree: The Personal Representative of the Estate distributes the assets of the Estate to the heirs/next of kin of the departed

Thirteen. Receipts of Distributive Share are obtained from all parties and/or persons who received a distribution out of the Estate.

Fourteen. The probate Estate is officially closed and the Personal Representative of the Estate discharged of his and/or her duties.

There you have it – the probate process in Oklahoma – start to finish.

Top Qualities in a Probate Lawyer:

When selecting legal counsel to prosecute a probate action look for the following qualities:

One. Their Knowledge and Experience.

Two. Their ability to effectively communicate with you.

Three. Their empathy for your loss.

Four. Their perseverance to work through thick and thin to complete what they started, and 

Five. Their integrity.

A quality probate lawyer will exhibit the following characteristics:

a. Sympathetic to your needs

b. Explains the probate process from start to finish

c. is available to answer your questions

d. is forthcoming with all information, and

e. bills you fairly for the work provided.

Contested Probate in Oklahoma:

How do you contest a Will in an Oklahoma courtroom?

The most common grounds to contest a will under Oklahoma law are:

1. Undue Influence
2. Lack of Testamentary Capacity
3. Lack of Testamentary formalities
4. Duress, Menace and Fraud and/or
5. Revocation

A will or part of a Will procured to be made by duress, menace, fraud or undue influence, may be denied probate.  84 O.S. Section 84-43.

Under Oklahoma law, you have three (3) months from the time the will is admitted to probate to initiate a will contest. 58 O.S. Section 58-61.

If you have reason to believe that a Will can be challenged on any of the statutory grounds listed above do not hesitate to give us a call.  We will give you an honest assessment of your case and assist you in way way we can.

Have you entered a Google search for: “Probate Attorney Near Me”?   If so, you have come to the right place.

We handle probate actions – be they contested probates or uncontested probates.

We have years and years of experience undertaking probate actions, large and small.

Give us a call at : 918-286-8001 and let our experience work on your behalf.

Probate actions can be contentious and when they are you need competent legal counsel to assist you.

We have been undertaking probate actions for a long time and we know what hurdles you will be faced with. Get peace of mind by knowing you hired counsel that will aggressively represent your interests in court.

Besides our fees are reasonable and our clients tell us we know our craft.

What is a probate?

The purpose of a probate is to : a) determine the heirs/next of kin of the departed and  b) pass the property left behind by the decedent to those same heirs.

Probates in Oklahoma consist of: a) testate Estates – these probates arise when the departed left behind a Last Will and Testament  and   b) intestate Estates – these probates take place where the decedent did not leave behind a Will and/or a Trust.

In a testate Estate – the Probate Judge is charged will reading the Last Will & Testament to determine if it meet’s all the criteria required of Wills under the Oklahoma Statutes. Assuming the Will passes those criteria the property is then distributed at a later date to the beneficiaries listed under the Will.

In a intestate Estate – inasmuch as the decedent left behind no Will or Trust – property is distributed to the heirs pursuant to Oklahoma Intestate Heir Statutes found under  Title 84 of the Oklahoma Statutes.

Probates can be either: a) contested   or  b) uncontested.  Either way, it’s important to retain counsel that has the requisite knowledge and experience in matters of probate. Give us a call at : (918) 286-8001 and we will be glad to discuss with you the process of commencing and completing a probate action.

We have been doing probates for over thirty (30) years and know what challenges probate actions entail. Simply put: we do probates in Oklahoma and we do them with all due diligence.

Power of Attorney Over Health Care:

A common question we are asked at our law firm is: do you provide power of attorney services? And the answer is: yes, we do.  The object of this post is to specifically discuss a power of attorney over health care.

Senate Bill 1596 has passed the legislature and been approved by the Governor for the State of Oklahoma at the end of April, 2022. It created the “Oklahoma Health Care Agent Act”. Under the Act a person with capacity may execute a power of attorney for health care, which may authorize the agent to make any health care decision the patient could have made while having capacity other than withholding or withdrawal of life-sustaining treatment or hydration under the Oklahoma Advance Directive Act. The power shall be in writing notwithstanding the principal’s later incapacity and may include individual instructions.

You have the right to give instructions about your own health care. You also have the right to name someone else to make health care decisions for you. This form lets you do either or both of these things. 

Unless the form you sign limits the authority of your agent, your agent may make all health care decisions for you. The form has a place for you to limit the authority of your agent. You need not limit the authority of your agent if you wish to rely on your agent for all health care decisions that may have to be made.

If you choose not to limit the authority of your agent, your agent will have the right to:

1. Consent or refuse to consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition;

2. Select or discharge health care providers and facilities; and,

3. Sign a do-not-resuscitate consent.

If you are in need of Power of Attorney Services, and in particular desire to sign off on a Power of Attorney Over Health Care: do not hesitate in calling us. We can be found at: 918-286-8001.

There are several reasons to have a will or a trust. Most importantly, having a will or a trust allows you to decide who will receive your property rather than leaving that choice to state law.

Having a will allows you to choose your personal representative (otherwise known as an executor under your Last Will & Testament). Without a will, the court could appoint someone as executor other than a person you would have preferred.

Having a Trust allows you to avoid a probate altogether provided your trust is validly created and funded properly.

Equally important, if you have minor children you can name their legal guardian in your will or trust. Your selection is not binding on the court, but the court will give strong consideration to your selection. Without a will or court, the court may appoint a guardian that you would not have otherwise selected.

In summary: what if I die but leave no Will or Trust behind? This is said to be an intestate estate. In the event that no Will or Trust is drafted your property will go to those heirs set forth under Oklahoma’s Intestate Heir Statute rather than those next of kin that you might otherwise want the property go to.

In selecting a lawyer when viewing a list of Trust Lawyers in Broken Arrow – look no further than Broken Arrow Law Center! We have you covered when it comes to Wills, Trusts, Probate, and Estate Planning. Call us at: 918-286-8001

A will is a written instrument by which you provide for the disposition of your property after your death. In Oklahoma, if you are of sound mind and eighteen years of age or older, you may dispose of your property by will.

May I dispose of my property as I wish with a will or trust? Under Oklahoma law, a married person may not completely exclude the surviving spouse. Oklahoma law allows the spouse to take a certain portion of the estate despite the will. This is known as a spouse taking his or her ‘forced share’. If your will does not name a child or in some cases a grandchild, or indicate that the child or grandchild has been considered, then the child or grandchild may have certain rights to take a portion of your estate. Here at our office we will explain these restrictions to you and show you how to accomplish your desires.

What if I die without a Will or Trust?  Assuming your estate is not controlled by a prenuptial marriage contract, here are the general rules for how your estate will be distributed if you die without a will or a trust:

If you die leaving a surviving spouse and children, your spouse takes one-half (1/2) of your estate, and your children split the remaining one-half in equal shares. If you die leaving a surviving spouse and no children, spouse takes one-half of your estate, and your parents share the remaining one-half.

If you did single but have children, your children take your entire estate in equal shares. If you did single with no children, your parents take your entire estate. Oklahoma law provides for distribution of your estate in additional situations, all depending on the identity of your legal heirs. Special rules apply if you have children from a prior marriage and you have property acquired during your last marriage as well as separate property.

Searching amongst a list of Broken Arrow Probate Lawyers? You’ve come to the right place. We will earn your business and treat you fairly. Give us a call at: (918) 286-8001.

A revocable trust or living trust is a written document providing for the management of your property which becomes effective while you are living, unlike a Last Will & Testament which takes effect after your death. A trust is set up for a trustee to manage your property for your benefit during your lifetime or in the event of your incapacity. Ordinarily, you serve as the sole trustee until you die or become incapacitated. After your death, the trust document will provide for your successor trustee to distribute any remaining property to those persons or beneficiaries you have chosen or provide for the continued management of your property by that successor trustee for many years, with the ultimate distribution as you direct. The primary advantage of a revocable trust over a will is that upon your death, the administration of your estate in probate court is avoided, and the distribution of your property is governed by your trust outside of the probate court system.

This normally results in a quicker and less costly distribution of your property to the beneficiaries you have selected. In addition, a revocable trust is a private document and hence your privacy & confidentiality are maintained. In this regard a trust is unlike a will which, if probated, normally requires the filing of a general inventory & appraisement of all your assets.  When a revocable trust is fully funded by conveying all of our property into your trust during your lifetime, no probate of your estate is required.

A final advantage of a trust is that it can continue after your death, holding the property for the benefit of a spouse, a child or another named benefactor. This is especially useful in the event the spouse, child or other beneficiary is disabled. In this regards incorporation of a  ‘special needs’ trust is inserted within your Trust indenture.

You should consult with a trust attorney who works extensively with estate planning for an explanation of the advantages and disadvantages of wills & trusts. Give us a call at Broken Arrow Law Center – 918-286-8001.

A Will is a written instrument by which you provide for the disposition of your property after your death. In Oklahoma, if you are of sound mind and eighteen years or older, you may dispose of your property by will. 

Using a will or trust form downloaded from the internet for estate planning purposes is not recommended. A will or trust must be prepared within the legal technicalities prescribed by the law. These technicalities are for the protection of you and your heirs, and they must be observed. The proper drafting of a will or a trust requires the professional knowledge, skill and experience of a practicing lawyer.

Is a handwritten will valid? And can I get by with that? Under Oklahoma law a holographic will that is entirely written, dated and signed in your own handwriting, and which contains no typed or printed portion, is valid. The problems resulting from this type of will are not so much in what the person writing the will says as in what the person fails to say. Without the advice of any attorney, most people who prepare handwritten wills fail to include provisions that address the issue of a beneficiary who dies before the will maker, the naming of an executor and waiver of his bond, the source for payment of administrative expenses of the estate and the specific powers the executor will have.

Don’t pass without having a Will or Trust professionally prepared on your behalf.

If you have a will, your estate will be ‘probated’ in court. If you do not have a will, your estate will be ‘administered’ in court. The Probate Code provides several methods to probate or administer an estate, some of which can reduce costs if used appropriately.

A probate attorney with a working knowledge of wills, inheritance, probate and estate administration can provide guidance on minimizing probate or estate administration costs and achieving the desired results for distribution of your estate.

There are several reasons to have a will or trust. Most importantly, having a will or a trust allows you to decide who will receive your property rather than leaving that choice to state law.

Having a will allows you to choose your personal representative – otherwise known as an executor under your Will. Without a will, the court could appoint someone as an Executor other than a person you would choose.

Having a probate avoidance Trust allows you to avoid the probate court system altogether provided your Trust is created and funded properly.

Equally important, if you have minor children you can name their guardian in your will or trust. Your selection of a guardian is not binding on a court, but the court will give strong consideration to your selection. Without a will or  trust, the court may appoint a guardian other that the person you would have chosen.

Finally, if you should pass away without a Will or Trust (otherwise referred to as an ‘intestate estate’), here are the general rules of how your estate will be distributed under Oklahoma law:

If you die leaving a surviving spouse and children, your spouse takes one-half of your estate, and your children split the remaining one-half in equal shares. If you die leaving a surviving spouse and no children, your spouse takes one-half of your estate, and your parents share the remaining one-half.

If you die single but have children, your children take your entire estate in equal shares. If you die single with no children, your parents take your entire estate.

If your children are minors, your surviving spouse, in order to use their portion of your estate for their support or education, would either have to be appointed guardian of the children by the court or have someone else appointed, give a statutory bond, make annual accounting(s) to the guardianship court and obtain the court’s permission for many routine transactions. Thus, in this incidence not having a Will results in considerable expense being passed on to you.

Finally, what it comes time to retain a wills trust attorney give us a call. Let us help you draft a will and/or trust that will truly reflect your specific estate plan.