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
Category: Probate
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
TRUST AND WILL NO CONTEST CLAUSES
The Oklahoma Court of Civil Appeals further defined what legal actions violate a forfeiture clause in a Trust. In Calhoon
POWERS OF ATTORNEY, ADVANCE DIRECTIVES, WILLS, TRUSTS AND PROBATE
The documents known as “advance directives” or “living wills” are for medical purposes and compliment wills and trusts. Advance directives
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
REOPENING A CLOSED PROBATE
If there is ever any property discovered after a probate is closed and the personal representative is discharged from their
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