What Are Second Degree Burglary Charges in Oklahoma City

Second Degree Burglary

Second-degree burglary is a serious criminal offense in Oklahoma. This offense is less serious and distinct from first-degree burglary. The primary difference between the two is that first degree involves entering dwelling place and usually includes additional aggravating factors. Understanding the specific elements, legal definitions, and potential penalties for second-degree burglary is important if you […]

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Self-Defense Laws in Oklahoma: Can You Use Lethal Force?

Self Defense Lethal Force

In dire situations, most people don’t have time to think if Oklahoma law gives people the right to defend themselves, their families, and their property. But using lethal force comes with strict rules. Knowing when the law protects your actions—and when it doesn’t—can make all the difference. Here, we will go over what you need […]

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Possession of Marijuana in Oklahoma City

Trespassing Laws in Oklahoma

The laws regarding the possession of marijuana in Oklahoma have undergone significant changes in recent years, particularly with the legalization of medical marijuana. However, recreational use and possession of marijuana remain illegal. Understanding the legal framework and penalties related to marijuana possession in Oklahoma is important for residents and visitors alike. Legal Framework for Marijuana […]

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Possession of Prescription Drugs Charges in Oklahoma City

First Time Drug Possession

Possession of prescription drug charges are serious in Oklahoma City. Over 500,000 people have died since 2010 due to opioid overdoses. In Oklahoma, over half of reported drug overdoses for 2016 involved opioids.  Some people have habits that may result in a $300/day expense.  As a result, Oklahoma illegal possession of prescription drugs is receiving […]

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How do I Disinherit Someone in a Will in Oklahoma?

Disinherit Someone in a Will

If you’re trying to disinherit someone in a will, there are certain steps you will need to follow. Writing a will gives you the legal power to determine how your assets will be distributed after your death. One choice you may face is whether to disinherit someone—meaning they will not receive any portion of your […]

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Can I Sell My Parent’s House Before Filing A Probate in Oklahoma City?

Contractor Breaches Contract

“Can I sell my parents house?” is a common legal question before the probate process. When a parent passes away, their estate, including real property such as a home, typically goes through the probate process. If you are managing your parent’s estate, you might wonder whether you can sell their house before filing for probate. […]

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What is the Probate Process in Oklahoma City?

Transfer-on-Death Deeds

In Oklahoma City, the probate process is several smaller legal proceedings that help settle someone’s estate after their death. This process ensures payment of the decedent’s debts and proper distribution of assets to the heirs or beneficiaries. Here’s a step-by-step guide to the probate process in Oklahoma City: Filing the Petition The probate process begins […]

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Who can be an Administrator of a Probate Estate in Oklahoma?

It is possible to avoid probate in Oklahoma through various estate planning strategies. Probate is the legal process through which a deceased person’s assets are distributed under court supervision. While probate can be necessary in some cases, it can also be time-consuming and costly. There are several methods to bypass the probate process, allowing for a more efficient transfer of assets to beneficiaries. Methods to Avoid Probate If you’re wanting to avoid the probate process, you have some options, such as: Revocable Living Trust: A revocable living trust is a legal document that places your assets into a trust during your lifetime. You retain control over the trust and can make changes or revoke it as needed. Upon your death, the successor trustee (whom you designate) transfers the assets to the beneficiaries without the need for probate. Joint Tenancy with Right of Survivorship: Joint tenancy allows two or more individuals to own property together with equal rights. Upon the death of one owner, the property automatically passes to the surviving owner(s). This transfer occurs outside of probate, provided the right of survivorship is clearly stated in the property deed. Transfer on Death (TOD) Deeds: Oklahoma allows for Transfer on Death Deeds, which let you name a beneficiary who will receive your real estate upon your death. You retain full ownership and control of the property during your lifetime. Upon your death, the property transfers to the named beneficiary without probate. Beneficiary Designations: Certain assets, such as life insurance policies and retirement accounts allow you to name a beneficiary directly. These assets transfer directly to the named beneficiaries upon your death, bypassing probate. Small Estate Affidavit: Oklahoma law allows for a simplified probate process for small estates, typically those valued at $50,000 or less. Heirs can use a small estate affidavit to claim the decedent’s assets without going through formal probate. This simplifies the process and reduces costs for small estates. If you’re considering one of these options, or others, consult with an estate planning attorney. Not only will they be able to explain all of the options, they’ll also be able to look at your situation and tell you which is best for you. Considerations When Avoiding Probate However, if you’re wanting to avoid probate, there are things you need to think about ahead of time. Legal Compliance: Ensure that all methods and documents comply with Oklahoma laws to avoid complications. Tax Implications: Understand the tax consequences of transferring assets, especially with gifting and trusts. Proper Documentation: Keep all documents, such as deeds, beneficiary designations, and trust agreements, up to date and legally valid. Work with an estate planning attorney to ensure your estate plan effectively avoids probate and meets your goals. Oklahoma City Estate Planning Attorneys Avoid probate

We often get questions about who can be an administrator of a probate estate. When someone passes away without a valid will, their estate enters a legal process known as intestate probate. During this process, the court appoints an administrator to manage and distribute the deceased’s assets. In cases where a will exists but does […]

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Do Pardons Work The Same As Expungements?

Pardons and Expungements

Pardons and expungements are two options people seek out to remove or mitigate the impact of a conviction. While both offer forms of relief, they operate very differently. When seeking to move on from the past, it’s important to know the difference between the two. This article explores these differences between pardons and expungements to […]

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