In 2021, the Oklahoma Uniform Power of Attorney Act went in effect, inadvertently repealing the Oklahoma statutory provisions allowing for the execution of a durable power of attorney for healthcare decisions. However, this past Oklahoma legislative session saw the resurgence of Oklahoma's healthcare power of attorney provisions. Senate Bill 1596, also known as the Oklahoma… Continue reading Oklahoma’s New Healthcare Power of Attorney. What You Need to Know
One of the many complications one needs to think about when planning for the distribution of their estate is minor children. It is vital that parents make plans for their children should should they die prematurely. Typically however, a minor, any one under 18, is not legally able to inherit your estate and manage his… Continue reading Minor Children: Will v. Trust
You've got an irrevocable trust, but our world and your life have changed dramatically. Maybe your family doesn't look the same as when you first created the irrevocable trust. Maybe the law has changed and it makes the administration of trust financially unreasonable or the distribution would now be considered financially wasteful. Maybe you simply… Continue reading Decanting: How to “Open Up” an Irrevocable Trust
As our world moves further along in the Digital Age, we as a society have become increasingly dependent and intrigued with the digital world around us. As a result of this dependence we have created and accumulated vast amounts of "digital assets". These digital assets range from and include the digital files on a computer,… Continue reading Planning for your Digital Estate
The COVID pandemic has caused many people to prepare for the worst and encouraged them to get their affairs in order. A major part of this has been estate planning and. in a time where social distancing is being encouraged, meeting an attorney at his or her office may sound less than ideal, many people are… Continue reading Do I Really Need an Attorney, or Can I Draft My Will Myself?
Passed by the legislature in the spring, House Bill 2548 established Oklahoma's new Uniform Power of Attorney act and went into effect on November 1st under Title 58. This act, which provides for more uniform power of attorney documents from state-to-state, mostly focuses on the financial power of attorney. Unfortunately though, through some drafting oversight, the… Continue reading What are these new change to Oklahoma’s power of attorney laws?
Many people are not concerned with doing estate planning because they think it is only for wealthy people. They think that because they have fewer assets the probate process after their death will be relatively straightforward, and that is not necessarily the case. There are earlier blog posts that address the "Small Estate Affidavit" for… Continue reading How Straightforward is the Probate Process?
The answer to this question is probably yes, but depends on your personal goals. A valid will tells the probate court how you want your assets distributed after you pass, but even with a will, an estate needs to go through the probate process and have the court approve the will before assets are distributed. This typically takes at least… Continue reading I Already Had a Will Drafted, Do I need to do Anything Else?
When individuals do estate planning, they traditionally plan for how their assets can help the next generation. But sometimes, those assets can be more of a burden than a blessing. An easy example of this is inheriting a house with an active mortgage. If this house is worth $200,000 and there is still $100,000 left to… Continue reading When I die, what will happen to my mortgage?
While estate planning is often done in consideration of a client’s family, it can be just as, if not more important for single people. An obvious issue is who will inherit a single person’s estate after they pass away? If a will is not in place, generally the estate will pass to children, and… Continue reading What Sort of Estate Planning Do I Need if I’m Single?