I‘ll be the first lawyer to admit that there are some legal tasks that you can handle without needing an attorney. For instance, you can probably form an LLC (remember the commercial?) without needing an attorney’s help, but why? Especially when there’s so much to lose, and so little to gain.
I believe some fear the [...]
A blog about legal issues facing Oklahomans
Tag Archive: Estate Planning
Cutting out “The Middleman”
How to Write Your Own Will – Part 2: Holographic Wills
In our last post, I discussed the various types of wills. In this post, we’ll talk about drafting your own holographic will. We’ll discuss the holographic will, as opposed to a type-written will, because this is the most common, non-attorney drafted type of will. Again, I like to think of these as "death bed" wills, [...]
Your Most “Trusted” Relationship
This week I dealt with two separate estate planning issues that once again emphasized the importance of having an active estate plan before you’re facing tragic circumstances. I’ve taken several posts to stress the importance of pre-tragedy planning.
The first case dealt with an older gentlemen whose wife had recently deceased. This was a second marriage [...]
Probate’s Misconceptions
There’s rarely a time in one week when I have the same question about the same topic. The question is: does a will help me avoid probate?
Generally speaking, no. The only sure way to avoid probate is to create a living trust.
Probate is the procedure states use to administer a deceased person’s affairs. Probate is [...]
Importance of Proper Estate Planning 2.0
The Oklahoma Supreme Court has affirmed an issue regarding omitted children, which I discussed here. In Welch v. Crow, 2009 OK 20, the Court again refused to apply the principles of 84 O.S. § 132 to revocable inter vivos trusts.
You should get the picture by now that this is an important issue. Check your estate [...]
Importance of Proper Estate Planning
The Oklahoma Supreme Court made a decision regarding wills and trusts, that I believe affects a number of people. Although I don’t believe the decision is surprising, its potential outcome could have grave effects upon your household.
In the matter of the Estate of Jackson, 2008 OK 83, the Supreme Court held that Oklahoma’s pretermitted heir [...]