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
Before 2008, there was no way in Oklahoma for real property or mineral rights to skip probate except for a revocable trust. In 2008, the Oklahoma legislature passed 58 O.S. Section 1251-1258. This statute codified Oklahoma's Transfer on Death Deed ("TODD"), otherwise known as a "beneficiary deed." This allows the owners of real property, including… Continue reading Oklahoma’s Transfer on Death Deeds
One of the most prominent cases of Living Wills or Advance Directives was the Terri Schaivo case in the early 2000s. It is prominent for Living Wills, in that Terri Schaivo did not have one, and her situation caused a legal battle that lasted years and costed thousands of dollars for her family. In this… Continue reading Avoiding the Terri Schaivo Case – The Oklahoma Advance Directive
When Skillern Law Firm P.L.L.C. discusses the benefits of a will or a trust, inevitably probate comes up. We advise clients to avoid probate, since it is costly and a complicated process that can easily be avoided by a trust. Still, many clients ask us: "What is probate”? Our answer is: it depends. Basically, probate… Continue reading What is Probate and Why Should I Avoid It?
It is important to periodically review your will and estate plan. Life changes often require that you reassess your estate plan. Children Most parents are concerned about how their children will be cared for in the event that one or both parents suffer an accident or are incapacitated. It is important to name a guardian for… Continue reading Your life is not static, so why is your estate plan?
The Supreme Court of the United States' (SCOTUS) October session started yesterday, October 3rd. I was looking forward to this term, since there are a lot of interesting and important cases coming up on the Court's docket. There are 48 cases on the Court's docket thus far. There are, however, plenty of important cases being… Continue reading SCOTUS