ASLEEP AT THE SWITCH
When someone is asleep at the switch something terrible happens. Usually a catastrophe. That is exactly what happened to this
Category: Estate Planning
WILL CONTESTANT HAS BURDEN OF PERSUASION
Testamentary capacity, or the ability to make a will, exists when a person has, in a general way, the faculty
IS YOUR WILL SELF-PROVEN
Under Oklahoma law a person making a will, called a testator or testatrix, is permitted to follow the Oklahoma statute
HOMESTEAD RIGHT OF SURVIVING SPOUSE TO POSSESS AND OCCUPY RESIDENCE
A surviving spouse has the absolute right to claim a homestead right to occupy and live rent free in the
WILLS IN GUARDIANSHIP
It is possible for someone who is under a guardianship to make a will. Certain procedures must be followed. And,
CONTINGENCY PROBATE REPRESENTATION OF AN HEIR
Sometimes a probate heir can be represented on a contingency fee basis. For example, suppose this set of facts. A
Competency to Make a Will or a Trust
Do you have a parent who has made a will or trust? Have they recently been diagnosed with alzheimers or
OMITTING A CHILD FROM A WILL
Do you have a child that doesn’t speak to you much anymore? Is your child currently a part of your
PROBATE CONTESTS: ADMISSION OF THE WILL
The reasons why someone can object to a will being admitted into probate are: 1. Testator’s lack of competency to
LEGAL CAPACITY TO MAKE A WILL: TESTAMENTARY CAPACITY
THE ABILITY TO TRANSACT BUSINESS IS NOT THE SAME AS THE LEGAL CAPACITY TO MAKE A WILL. THE LEGAL CAPACITY