Oklahoma Trusts Legal Questions

Do you have a copy of the Trust document?  Did your mother have a Will? Was your mother married?  Do you have brothers or sisters through your mother?  These are questions that would help determine what you need to do next.  If you are one of mother's heirs, you can file a probate to have the court determine the status of the house and who should inherit it. ... Read More

Ms. Paddock, Are you certain that the trust is irrevocable. That would mean, generally speaking, the trust you are referring to was not created by your father. If in fact this is a revocable trust which is a common estate planning tool, he can change it anytime he wants to and he can disinherit you if he wants to and it is not related to your sister’s death. If the trust is truly irrevocable, he would be able to change the terms of the trust if he had been given a special or limited power of appointment to change the terms of the trust usually to take effect after he dies.   Good luck. ... Read More

So I do see a question there.  It is highly unusual for a judge to take under advisement whom the heirs at law are.  But I am not sure that that is the issue as you are not very specific on what your inquiry is.  Are you represented by an attorney?  What little you have said makes it very clear you need representation and that attorney can likely get he case moved forward or at least explain to you why it is not moving. Good luck to you sir. ... Read More

Your assessment of the situation is troublesome.  You do not say what your suspicions on the first lawyer were.   There are bad people in all professions and walks of life.  If you have hit upon two, either your process for choosing your counsel is flawed or you have terrible luck.   My advice is to hire the very best lawyer you can find who LIMITS his or her law practice to trusts and estates.  The attorney's hourly rate may be higher than you like, but this generally reflects higher expertise.  That "top of the head" knowledge alone often results in significant time and money savings due to less need for information and precedent research and figuring out how procedures work.   Do not engage any laywer without a written engagement letter that spells out the service to be provided.  You actually provide a lot of the information the lawyer needs to assist you. Be organized. Your job is to pay all the bills and debts, file the final tax returns and follow the dictates of the trust. If anything that should have been in the trust did not get titled to the trust, you may have to probate as well.   These things do take time. If you think you have a procrastinator  as an attorney and you want to move things along, set a monthly appointment to basically insist on your own deadlines to have items accomplished.  Taking a long time does not necessarily mean it will cost more.  It usually means nothing is being done and thus no fees are being generated.   If you choose to move to a third lawyer, do your research.  Look for credentials and experience, specifically in handling estates and trusts.  To your success, Gale Allison        ... Read More

It depends on the complexity of the Will and trust, but a simple Will is probably cheaper than a trust for you.  With a Will, there are additional costs of probate once you die, but those are paid by your estate whereas establishing a trust would be paid by you now.   You can add up the value of your house and IRAs and decide how to divide them.  Grandchildren are a good choice for IRAs because their  young age means that the benefits have the ability to grow tax-free for longer.  You can designate IRA beneficiaries with the entity managing the IRA for you, not in your Will so that is no cost.  A will is needed to give your house to your daughter and/or grandchildren, and, if that is all you want to do, you may be able to use an online form or hire an attorney for a small fee.  Putting your house in trust would require an attorney to write the terms of the trust and you to write and record a deed transferring your house into the trust.  A trust owning a house can complicate property tax rebate programs, your mortgage or home equity loan, and possibily insurance.  It avoids probate costs later but usually costs more upfront.  A local attorney would be able to quote your the costs for all. ... Read More

Your sister can’t draw up any papers making her the sole head of the estate. The probate judge has to order someone to be the personal representative of your mom’s estate.  Your sister has most likely, and quite properly, filed for probate and asked to be made the Personal Representative (Executor) of your mom’s estate. When someone dies without a Will the estate must be probated if that person had any property in his or her name, alone.   So the probate would occur whether or not she had a Will.  Not having a Will just means the state decides who gets what.  The proceedings can take years and will take at the very least about six months. Oklahoma laws do not leave out inheritances for children (by birth or adoption) without someone following very specific rules to disinherit a child when writing her Will. Without being specifically included in a Will or otherwise provided for, step-children do not inherit automatically. Since your mom had no Will, she undoubtedly did not disinherit you, so you are good to go, unless you are a step-child. Unless you are a joint owner of any of your mom’s assets or a co-signor or guarantor for her debts, it is unlikely you will be held responsible for her bills and debts. However, her estate must first be used to pay her debts. So the judge orders payment of valid debts first. After they are paid, the judge orders whatever is left over to be paid or disbursed to the heirs. Each probate outcome depends on your family’s specific circumstances. If you want someone to represent your interests, you need to hire an Oklahoma probate lawyer to explain the specifics of your mom’s estate and how your sister is managing it (the processes, how long things usually take, why your situation is taking this long, your rights and responsibilities…). To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com... Read More

Financial liability does not have anything to do with whether a married couple has separate Living Trusts. Oklahoma law says that spouses are liable for each other's debts to the extent of marital property. Generally, marital property is property that is acquired during the marriage. The liability for each other's debts does not change if you simply change the Title to your assets. Oklahoma law clearly identifies joint debts in regard to certain "necessaries" which are defined as "all such things as are proper and requisite for the sustenance of man, and embraces, food, clothing, medicine and habitation... consistent with his condition and estate." So if he needs a nursing home, the cost of it falls to the marital (joint) estate. Because of this, some couples have even chosen to divorce in order to protect one spouse's assets from the other's debts. However, since the debts you are considering are related to nursing home care, there is something else you can try if you are of more modest means. To preserve a home and finances for one spouse to live in the community when the other goes to a nursing home, some people apply for Medicaid. Medicaid planning is a complex matter if you have more assets than the guidelines allow. Should you consider this route, be sure to hire an Oklahoma lawyer specifically qualified in Medicaid planning. To your success,Gale Allison, Principal AttorneyThe Allison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/GaleAllison ... Read More