In Oklahoma, a special needs trust (SNT), sometimes called a supplemental needs trust, is a legal tool designed to provide for the financial needs of a person with disabilities while preserving their eligibility for crucial government benefits like Medicaid and Supplemental Security Income (SSI). Setting up a special needs Trust requires that the estate plan is especially careful with the…
In Oklahoma, if you believe a will doesn’t truly represent the wishes of the deceased because of issues like fraud, lack of proper execution, or undue influence, you have the right to challenge it. This is a significant step, especially if you stand to be affected by the outcome. Initial Steps to Contesting a Will To start the challenge, you…
A no contest clause, also known as an “in terrorem” clause, is a provision in a will designed to discourage beneficiaries from challenging the will’s validity and delaying the distribution of assets. This clause is a stipulation included in a will that threatens to disinherit any beneficiary who contests the will. By including such a clause, the testator aims to…
Challenging a will for incapacity can be a complex process, but it is sometimes necessary to honor a decedent’s true intentions. Wills are tools that allow a person to make conscious and deliberate decisions on what happens to their assets when they die. However, extenuating circumstances can lead to someone not being in the right state of mind when they…
In Oklahoma, you have the right to appeal a probate court decision you believe is incorrect or unjust. First and foremost, it is essential to understand that an appeal is not a retrial. You cannot present new evidence or re-argue the facts of the case. Instead, an appeal focuses on whether the probate court made legal errors that affected the…
Deciding when to place your house in a trust is a significant decision. This can impact your financial and estate planning. In Oklahoma, using a trust to manage your property can offer several benefits,. Some of them include avoiding probate, managing your assets if you become incapacitated, and keeping your financial affairs private. This article will guide you through understanding…
Choosing a power of attorney is crucial when planning for the future. In Rogers County, understanding the different types of powers of attorney (POAs) can be crucial for legal and financial planning. POAs are legal documents that allow an individual (the principal) to appoint someone else (the agent or attorney-in-fact) to make decisions on their behalf. This can cover a…
Trying to contest a will in Rogers County can be an emotionally difficult process, especially when it involves fighting against a loved one’s final wishes. However, under certain circumstances, individuals may find it necessary to dispute either the contents or the validity of a will. There are specific legal requirements that you must meet and procedures you must follow to…
In Oklahoma, there are many instances where you need to file probate to transfer the title of your parents home when they pass away. The need for probate to transfer ownership of your parents’ house to you depends on several factors. Further, those include how the property is titled, whether there is a valid will. Here are some scenarios: Joint…
In Oklahoma you file probate when someone passes away. It involves proving the validity of a deceased person’s will, if one exists, and administering their estate. In Oklahoma, as in many other states, probate proceedings aim to ensure that the deceased’s debts are paid and their assets are distributed according to their wishes or according to state law if there…