KYLE PERSAUD — BARTLESVILLE, OKLAHOMA LAWYER

Home » Wills — Oklahoma

Wills — Oklahoma

 
What do I need to do to make a will?
If I don’t have a will, what will happen to my property when I die?
If I don’t have a will, what will happen to my minor children when I die?
If I leave property to someone in my will, and that person dies before I do, what happens to the property?
I have a minor child or a disabled child. I want him to inherit my property, but I’m not sure that he can manage it. What can I do?
What are advance directives, living wills, and durable powers of attorney?

What do I need to do to make a will?
You must have testamentary intent; that is, you must have the intent to execute a will.

You must be over the age of 18 and be of sound mind.

You must sign the will. You must sign at the end of the will. You must sign the will in the presence of two witnesses. You must declare to the two witnesses that you are signing the will. The two witnesses must be mentally capable of understanding what is going on. The witnesses must not be “interested witnesses”; that is, they may not be people who would receive any property under your will. Any gift to an interested witness is void.

The will does not need to be filed in any particular place, but it should be in a place where it can be found when you die.

It is not required that a lawyer assist you. However, it is recommended that you to seek the assistance of a lawyer. There are difficult legal technicalities involved in the preparation of a will, and without proper legal counsel, a gift could end up in the hands of the wrong person.

top

If I don’t have a will, what will happen to my property when I die?
If you don’t have a will, you are said to have died intestate. Your property then would go to your next of kin. See the Oklahoma Intestate Succession Law to find out who your next of kin are.

top

If I don’t have a will, what will happen to my minor children when I die?
A guardian will be appointed for your minor children. See, What is a guardianship?

One of your relatives can ask the court to be appointed guardian.

Here is where it can be a major advantage to have a will. If you nominate a guardian in your will, you can choose whom you want to be the guardian of your children after you die. If you do not have a will, your children could potentially be under the care of someone whom you do not desire to be the guardian of your children.

top

If I leave property to someone in my will, and that person dies before I do, what happens to the property?
If you leave a gift to a relative, and the relative dies before you do, then your relative’s descendants inherit the gift. If your deceased relative has no descendants, then your gift becomes part of the “residue” of your estate. If you leave a gift to a non-relative, and the non-relative dies before you do, then your gift becomes part of the “residue” of your estate. If a gift is part of the residue of your estate, then the gift then passes to whoever your will says should receive the “residue” of your estate.

If you leave the “residue” of your estate to a relative, and the relative dies before you do, and leaves no descendants, then the residue passes to your next-of-kin, under the Oklahoma Intestate Succession Law.

If you leave the residue of your estate to a non-relative, and the non-relative dies before you do, then the residue passes to your next-of-kin, under the Oklahoma Intestate Succession Law.

For the purposes of this law, your spouse is considered to be a non-relative.

top

I have a minor child or a disabled child. I want him to inherit my property, but I’m not sure that he can manage it. What can I do?
You can create a trust. You can specify that one person (the “trustee”) has the power to manage property for the benefit of your child. Your child is then deemed the “beneficiary” of the trust. You can specify that the trust will terminate when the child reaches a certain age. You can create a trust in your will, and no extra work is required.

top

What are advance directives, living wills, and durable powers of attorney?
An advance directive is a document that describes what you want regarding medical care, in the event that you become incapacitated and unable to make decisions for yourself. Two common types of advance directive are living wills and durable powers of attorney for health care.

A living will is a document that tells whether or not you would like your life to be extended by life-sustaining treatment, including artificial nutrition and hydration. You may write a living will saying that you do wish to be given such treatment if you become incapacitated, or that you do not wish to be given such treatment if you become incapacitated.

A durable power of attorney for health care is a document, in which you state that, in the event you become incapacitated, you name another person who is empowered to make medical decisions for you. In a durable power of attorney, you may also state that this person has the power to make legal and financial transactions on your behalf.

top

NOTE: The information provided on this website is not intended to be, and does not constitute, the giving of legal advice. The information provided here is not intended to be, and should not be used as, a substitute for individual reliance on privately retained legal counsel. Information provided on this site may not constitute the most current or complete information with respect to legal topics or developments. Mr. Persaud expressly disclaims all liability based on any information contained on this site.

Advertisements
%d bloggers like this: