Oklahoma Recent Legal Answers from Lawyers

When someone dies without a Will, any heir can file for probate (proving who the heirs are and then, after the debts are paid, distributing what is left among them according to the state's laws of inheritance).  The court will appoint someone to administer the estate.  If necessary, the administrator must evict whoever is living in the house in order to sell it either to pay the estate's bills or to divide the net proceeds of the sale among the heirs.... Read More

If you were named in the Will, you were a beneficiary of the estate, not an heir.  In most states the executor (not the court) sends the beneficiaries a copy of the Will and of the Order admitting it to probate.  In any event, these are public documents which you can access through the county clerk.  Unless this was a dependent administration (to protect minors, etc.), there was no accounting which showed what was owed (as opposed to owned) or what the final disposition was.  Again, all the documents are public.  If your like, you can read them.... Read More

If you were not married to either of the childrens' fathers, it would be best to obtain a Decree of Paternity in each case, this Decree can adopt any child support order that was previously entered by DHS (if there is one) and allow for you to relocate with the children. If you take them and just move you could be dragged back by either of the father's seeking a Decree of Paternity ... often I suggest that where there is little visitation taking place that a provision be included that they can't just show up and act like they are entitled to take the child for a period of time, any visitation schedule can be dependent on they stepping up and seeing them on a regular basis. If you get married, it sounds like you would have two good cases for Step-Parent Adoption.  Call a lawyer, it is often possible to get a FREE initial consultation.... Read More

Common law is marriage, divorce is the only option to end a marriage.  One may file a divorce to end a common law marriage or in the alternative the court may find that there is insufficient evidence of it being a common law marriage and declare as a matter of law that you never entered into a common law marriage and therefore have been and continue to be single. Call a lawyer, it shouldn't be that expensive to carry this out, finding him in Mexico, or showing the court how hard you looked to find him and that you can't find him, may result in the Court saying you can provide him with notice by publication.  If you do find him, he may be cooperative to sign off on paperwork to allow you to resolve this.... Read More

First, keep in mind the typical writing of this provision when it refers to 2021 or an odd year, will be referring to the tax year and not the time when the claim is made and return is filed.  So 2020 is an even year, but it is when one files their 2019 taxes and would be considered an odd year (tax year).  A provision setting a condidtion precedent that current support is all paid for the obligor to be able to utilize the dependent deduction is very common.  Not having it in the decree would make me ask him in writing if he would agree to forgo that provision, if you had to even say, lets figure out the value of the dependent deduction to each of us, and the one for whom it has a greater value should be able to claim it, you could even entice him with offering credit toward his child support obligation.  If that doesn't go anywhere, file to enforce support and to modify the Decree with the addition of that provision.  Both are straight forward and logical so they won't typically lead to protracted fighting in court. The easiest case for enforcement is one where you can point to things he has purchased that were NOT court ordered, where he used his income instead of paying the child support.  An Application for Contempt Citation is the most common way to get his attention, it is a "quasi-criminal" proceeding, if he fails to appear at time of arraignment, the Court typically authorizes a Bench Warrent with Cash Bond set in an amount he will have to pay in order to be released from County Holding.  If he is employed it would be a good idea to get an "Income Assignment" put into place. This would all be much easier to accomplish with a lawyer, you may be able to be awarded at least a portion of your attorney fees too, unless he has a good excuse for only paying less than $2 on average for each of the last 42 months.  As you may be aware lawyers are NOT allowed to represent parties in family law matters with a "contingent fee" as it is feared that it will make litigation even more contensious and never-ending, but on enforcement of an order to collect payment a contingent fee is allowed.  I'm not sure if you'll find any lawyers willing to take on the case on a contingent fee, but it may be an option.  DHS-Child Support Enforcement is very overworked and underfunded, understaffed, etc. but it wouldn't hurt to pay the nominal fee to open a case with them, they can suspend his state issued licenses as a motivation to get current on his payment of child support. Call a lawyer, many will give you a FREE initial consultation.... Read More

That is usually correct, but if there was a past due amount, it along with interest will still be due.  Ask for a Record of payments and look for entried for current support obligation to end at the time Parental rights were terminated by the State.  If they weren't terminated, ask for a hearing and challenge their computation.  The method used for applying payments, seized tax returns and lump sum payments can warrant hiring a lawyer to get them to compute the figures as they should be computed.... Read More

Most assault and domestic violence charges can not be dropped, for one reason it is part of the classic cycle of domestic violence and for another if they could be dropped, people would be harassed in creative ways until they dropped the charges. There are ways through taking responsibility for actions that one may be eligible to take part in a Batterers' Intervention Program (often referred to as BIP), to receive a suspended or deferred sentence.   Completion of Anger Management, a Domestic Violence Inventory (DVI) and BIP can change a persons' life for the better.... Read More

So, you are the Petitioner but don't have an attorney?  If so I would recommend calling an attorney in your county (or in an adjacent county).  There are things that can be done to move things forward, but it isn't possible to give meaningful advice in this type of a forum as it wouldnt take into consideration all issues that must be addressed. On the requirement for a parenting class, if there was a Temporary Order entered in your case, statute already required him to complete the class within 45 days of entry of the Temporary Order.  There are exceptions to the requirement for the class, but as I said there are a lot of things one must know to be able to give you meaningful answers. A "Motion to Enter" will set a "Trial" date for a divorce action, it will also result in a formal "Scheduling Order" being entered which will require you or a lawyer on your behalf to do a lot of things that will take time and cost money, which probably shouldn't really be needed.  A Motion for a formal "Mediation" would NOT require expensive preperation and could result in the signing of a final Decree that is ready for presentation to the Judge and entry.  Mediation is available FREE through the Early Settlement Program, but with a paid Mediator you would be more likely to leave the mediation with a signed Decree that only requires the Judges signature and filing. Call some attorneys and you should be able to get this resolved.... Read More

You can do a step parent adoption.  If the biological father does not voluntarily sign a consent to the adoption, his parental rights can be terminated involuntarily for failure to maintain a meaningful relationship with the child for at least 12 of the past 14 months; or terminated for failure to provide support to the child for the same time period.  If a process server cannot find the bio dad, then you can ask the court for permission to serve him by publication in the newspaper.  I can help you complete the process when you are ready to proceed. ... Read More

If your husband was previously married to a woman in Utah and did not obtain a divorce before marrying you, then your marriage is void.  A person cannot be married to two people at once.  The location where the marriage took place has no impact on the question.  In the case of a void marriage, you can get an annulment, which is a court order officially declaring that the marraige is void.  In the alternative, you can remain in a void marriage, and when (if) your husband divorces the Utah woman, you would at that point begin a common law marriage with your husband.  If you do nothing, and he does not divorce the other woman, you would not be entitled to any rights as surviving spouse in the event of your husband's death. ... Read More

A United States citizen spouse can sponsor a foreign national spouse provided that the foreign national entered the United States with a visa. The felony record of your spouse would be grounds that would render him inadmissible, so you would have to file a waiver after you filed the adjustment of status application. Filing a waiver should be done by a lawyer. ... Read More

It would be advisable to prepare an agreement that lists the personal property that you are retaining and put in writing that you may store them there at no charge for an agreed period of time.  I can assist you preparing a document if you need help.  I am also curious what model tank you have.... Read More

The validity of your Will does not change due to your move.  There could be differences in state law that cause the Will to be interpreted differently.  Since it has been 8 years, it is a good idea to visit with an attorney to make sure there are no changes in your life that would require an update.   ... Read More

It is very hard to answer that question without knowing the details, but in general terms the Judge is to determine what "marital assets and liabilities exist" and to equitably divide them.  There can be issues of support alimony or other factors considered, but if both of you work and can be self sufficient, division of property and allocation of debts is the big question. It is often possible to obtain a FREE initial consultation with a lawyer in or near the county where the divorce would be filed.  Under NO circumstance should a person try to do this without legal advice.  If you want to reach agreements to avoid the need for a lengthy and drawnout process, you first need to know the probable out some if tried so you can then make decisions to cut to the chase. Use of mediation is an excellent option, but there too it is important to have legal advice so your agreements are based on reality and set out in a way to protect you legally from risks that the other party may discharge their obligations to pay marital debts (thus leaving you on the hook), and other issues. Call an attorney.  The Family Law section of the State Bar has always suggested that obtaining at least some psychological counseling is a good idea to address grief and other emotions to be able to make more sound decisions while saving on attorney fees and avoiding costly mistakes.... Read More

If the part of your work that exceeds the permanent limitations is an essential part of your job, you need to utilize an attorney in the Workers' Comp arena to obtain Vocational Rehabilitation (retraining) AND Permanent Partial Disability benefits from your employer.  If the tasks are NOT "essential requirements" of YOUR job, then the employer has a duty to accommodate you and NOT to discriminate against you or it may be violating the ADA. You should be eligible for unemployment as long as you are able to accept employment offered you "within doctors restrictions", if you are still getting Temporary Total Disability (TTD) payments on a weekly basis that is the issue with unemployment because you can't get both.   If vocational rehabilitation isn't an option, and if the task (you are unable to do) is an essential requirement of your job, you may want to apply for Social Security Disability benefits before you have been off work so long you lose your insured status (i.e. have sufficient quarters of employment within 5 years) to be eligible for SSD. You may need 2 or 3 different layers to cover all bases, but luckily most of lawyers in these areas work on a contingent basis so you don't have to pay by the hour.     TIME IS OF THE ESSENCE, Consult with a lawyer or lawyers (Workers' Comp / Disability Discrimination / Social Secuirty) ASAP!!!!!... Read More

If it is a victim protective order that was violated, you call the police.  You may enforce other orders through filing an Application for a Contempt Citation, if the orders that are being violated are for the protection of minor children and they're being broke, you probably have a duty to enforce them or you could be accused of failing to protect the children. Call an attorney in or near the county where the orders were entered or where you live.... Read More

No, wills do not automatically open or always require opening probate, but anyone with an interest in the estate can file a Probate action and challenge the transfer, appraisal or liquidation of property.  It is very important to discuss the actually details with an attorney, if the Personal Representative is not utilizing an attorney, you may want to ask them if they could outline their thoughts on each issue.... Read More

Most likely they are saying you lack a history of being involved, but Grandparent visitation rights and a guardianship are different things.  You should consult with an attorney, trying to obtain a "Temporary Guardianship" without an attorney would be a huge mistake.  If it is your desire that the parents "get help" working out an agreed Guardianship with the step-by-step requirements for it ending should not be that difficult.  Visitation can and should be established and you will save a lot of time and prevent ill-will if you work together to reach agreements that can then be provided to the assigned Judge as a proposed Order.... Read More

What you have discribed is "conversion" where she exceeded the authorization you gave her to use the vehicle, the best remedy is to file for the Dissolution of Marriage (Divorce) you have needed, if you still want to be married to someone who would do that to you, you can seek a Decree of Seperate Maintenance, in either case, an Application for Temporary Order and setting a hearing will at the hearing most likely allow you to regain possession and control of the "seperate property" she has refused to return to you. Of course keep making payments and maintain insurance, most likely any calls to law enforcement would be counter productive, they would say it is a "civil matter" and to take it up with a judge. Call an attorney in or near the county where you live.  If she files first in the county where she lives, it will be far less convenient for you.... Read More

Did you ever file taxes jointly, or hold yourselves out as being married?  If so you could file for divorce with an Application for a Temporary Order to ease with your transition.  If there was no common law marriage you could refuse to leave but then he would most likely file for a "Forcible Entry and Detainer" which would direct the sheriff to remove you, at the hearing you could probably get some time, but ultimately you would have to get out.  Some people file for Victim Protective Orders, which can include an "eviction" of sorts, but in the absence of evidence of threats of imminent harm it would be an improper act to seek a VPO for the purpose of removing the other person. Just as in divorce cases, the best advice is often "don't fight over saving the 'relationship' because that is not something a court can help you with" if you negotiate for reimbursement of things you invested and move-on, in the end he will realize he made a huge mistake. Call a lawyer in your area to discuss any other details that may make a difference, co-mingling of finances is a bigger deal than just where you have been living.  Ask him for financial support to make moving possible, first and last month for an appartment, etc.... Read More