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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What Felonies Are Eligible for Expungement?

Felonies Eligible for Expungement

Felonies eligible for expungement will vary based on the severity. Oklahoma law allows for the expungement of certain felonies under very specific conditions. Having a felony conviction on your record can severely limit your opportunities, affecting your ability to find employment, secure housing, and restore certain civil rights. Expungement effectively erases the conviction from public […]

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What is the Bankruptcy Process in Oklahoma City?

Bankruptcy Process

The bankruptcy process in Oklahoma City can be confusing, but you have options. Filing for bankruptcy involves several steps that help individuals or businesses address their financial difficulties under the protection of the federal bankruptcy court. Here, we’ll break down the different steps as well as what to expect in each. Bankruptcy Process in OKC […]

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Can I Expunge a Juvenile Record in Oklahoma City?

Pardons and Expungements

It is possible to expunge a juvenile record in Oklahoma. Expungement of a juvenile record can help you move forward without the burden of past mistakes affecting your future opportunities. Oklahoma law provides specific provisions for the expungement of juvenile records under certain conditions. Here’s a detailed guide on how the process works and the […]

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Oklahoma City Expungement Attorneys

expungements in Oklahoma City

Expungements in Oklahoma City may seem challenging, but they don’t have to be. Many people make mistakes early in their lives that cost them legally.  These are often offenses our clients will approach us with for help with an expungement.  Expungements can help restore firearm rights, career opportunities, and even certain housing eligibility.  If you […]

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Possession of a Firearm After a Felony Conviction

Possession of a Firearm

Possession of a firearm after a felony conviction is not allowed. Many gun enthusiasts know that Oklahoma’s constitution, as well as the Bill of Rights, provides the right to bear arms. However, the state legislature has the ability to regulate the “carrying of weapons” under the Oklahoma Constitution too.  So, the ability for the state […]

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Eluding The Police in Oklahoma City

Eluding the police in OKC

Eluding the police is a serious criminal offense in Oklahoma. This crime involves intentionally attempting to evade law enforcement officers who are signaling a driver to stop. The consequences of eluding the police can be severe, ranging from misdemeanors to felonies, depending on the circumstances of the incident. Legal Definition of Eluding the Police Title […]

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Interfering With an Emergency Call

Interfering with an Emergency Call

Interfering with an Emergency Call often occurs in assault and battery crimes.  Take for example the recent situation in Oklahoma City where a man was abusing his wife and blocked her from making calls to 911.  The man was convicted on a Monday of abuse and interfering with an emergency call.  On Wednesday, the man […]

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Gender Preference in Child Custody Cases

How Long Does a Divorce Take

Gender Preference in Child Custody cases is an important aspect of family law in Oklahoma.  It’s a legal rumor that mothers always get custody of their children.  In the past, certain doctrines have preferred the mother.  However, fathers who assert their rights can receive custody as well.  In fact, courts have explicitly made a move […]

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