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Richard Winblad

Richard Winblad

Winblad Law PLLC
  • Elder Law, Estate Planning, Probate...
  • Oklahoma
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Summary

My practice focuses on Elder Law (Medicaid & VA Aid & Attendance), Estate Planning (Wills, Trusts, Powers of Attorney, Aircraft Trusts), Probate (Estates, Ancillary, Small & Summary Administration). Naturally, my practice also includes real property and mineral interests.

Practice Areas
  • Elder Law
  • Estate Planning
  • Probate
  • Real Estate Law
Fees
  • Credit Cards Accepted
    Visa, Mastercard, American Express, Discover
  • Contingent Fees
  • Rates, Retainers and Additional Information
    I handle many matters on a flat fee basis, so you know the cost from the beginning.
Jurisdictions Admitted to Practice
Oklahoma
10th Circuit
Languages
  • German: Spoken
Professional Experience
Founder, Attorney
Winblad Law PLLC
- Current
Established to provide high quality legal services in the areas of Civil Litigation, Estate Planning, Wills, Trusts, Probate.
Attorney
Stephen Bruce and Associates
-
Education
University of Oklahoma College of Law
J.D. (1992)
-
Honors: Amjur Real Property
Oklahoma State University - Stillwater
B.S. (1984) | Business Adminstration
-
Awards
AV-Preeminent
Mattindale Hubble
Peer Review for Highest of Legal Excellence
Professional Associations
National Care Providers Council
- Current
Lawyers with Purpose
- Current
Activities: Medicaid and Veterans Benefits Training
Oklahoma City Commercial Attorneys Association
President
- Current
Activities: Presented CLE topics on issues from Estate Planning to Bankruptcy Issues.
Oklahoma Bar Association
- Current
Publications
Speaking Engagements
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Bootcamp for Social Workers, http://www.martindale.com/Richard-Scott-Winblad/1483098-lawyer.htm, Norman
National Conference of Social Workers
Social workers often face legal obstacles or challenges when assisting clients. These may include ability to disclose information and HIPAA releases. The worker may not know whether the individual acting on behalf of the client is legally authorized to do so. Helping clients understand the choices in an advanced healthcare directive.
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Resident Payment Challenges, Oklahoma Association of Health Care Providers, Norman, Oklahoma
Oklahoma Association of Health Care Providers
Certifications
Accredited Attorney
Department of Vetrans Affairs
Websites & Blogs
Website
Visit My Website
Website
Aircraft Trusts and Ownership, Forgotten Piece of the Estate Plan
Blog
Winblad Law PLLC Edmond Oklahoma
Legal Answers
231 Questions Answered

Q. My grandmother died in oklahoma, but owns a house in california. She had a will, which state will probate be in?
A: California law controls distribution of real estate within its borders. If there is no probate property (land, bank accounts, etc) in Oklahoma you should file probate in California. An Oklahoma probate would not change ownership of out-of-state real property.
Q. How long before an estate can no longer go to probate after a person dies without a will in Oklahoma? with a will?
A: There is not a statute of limitations within which to probate somebody's estate. If there is a valid Will, then the its distribution instructions are followed. Intestate, is where someone dies without a Will. Then the property is divided among the heirs according to the statute in force at the time of death. Both testate and intestate estates pass through probate. Probably qualifies for a summary probate.
Q. My mother died in an accident and left me her house in JT with ROS a year before. Can her creditors come after it?
A: No since the property was in joint tenancy with rights of survivorship general creditors cannot attach or make claims against that property. However if there was a mortgage on the property that would remain.
Q. How long do I have to get a simple affadavit to close a deceased bank account & or will I need to do simplified probate
A: Banks are required to turn over funds after 5 years of inactivity. Inactivity is defined by statute. You should be good if you are within that time frame. If the assets are $50k or less and there are no unpaid creditors, an affidavit should suffice. Most banks have forms they prefer. If yours does not contact an attorney who can draft it for you. If there are creditors, a summary probate procedure may be available. This usually takes 60-90 days to complete once filed.
Q. Do I have to give right a way for a pipeline for a oil company
A: This all depends on whether or not the property is being taken for eminent domain. If the company is a common carrier they may have this power. Eminent domain is often a condemnation for those who do not agree the the company's offer. Often companies offer a very low value. If this is for a pipeline for production from below your property they may also have a right but must pay damages. If the company does not fit into either of these categories, then they are seeking a private easement. You don't have to accept their offers. At any rate, it is generally advisable to visit with an attorney experienced in eminent domain, oil and easements.
Q. What do I do if we need an advance care directive for my mother, but she has dementia?
A: It depends upon the level of dementia. If she doesn't have sufficient competency to understand what she wants, the law has provisions for who makes the decisions. 63 OS Section 3102.4 When an adult patient or a person under eighteen (18) years of age who may consent to have services provided by health professionals under Section 2602 of Title 63 of the Oklahoma Statutes is persistently unconscious, incompetent or otherwise mentally or physically incapable of communicating, those reasonably available and willing in the following classes, in the order of priority below, are authorized to make health care decisions for the patient under the same standard as that applicable to making life-sustaining treatment decisions under Section 3101.16 of Title 63 of the Oklahoma Statutes, excluding any person who is disqualified from exercising such authority by Section 3 of this act. If those within a class disagree, a majority within the class may make a health care decision for the patient. However, a provider of health care to the patient or any member or members of any of the following classes may petition a court that would have jurisdiction over a guardianship proceeding concerning the patient under Section 1-115 of Title 30 of the Oklahoma Statutes to seek an order directing a different health care decision on the ground that the health care decision or decisions made violate the standard required by this section, granting another member or other members from among the following classes (notwithstanding the statutory order of priority) supervening authority to make health care decisions for the patient on the ground that clear and convincing evidence demonstrates they are more likely to adhere to that standard, or both. Upon motion by any party, the court shall issue an order requiring that pending its decision on the merits and the resolution of any appeal the patient be provided with health care of which denial, in reasonable medical judgment, would be likely to result in or hasten the death of the patient, unless its provision would require denial of the same health care to another patient. The classes are as follows: 1. A general guardian of the person appointed pursuant to subsection A of Section 3-112 of Title 30 of the Oklahoma Statutes or a limited guardian of the person appointed pursuant to subsection B of Section 3-112 of Title 30 of the Oklahoma Statutes with authority to make personal medical decisions as determined under paragraph 5 of subsection B of Section 3-113 of Title 30 of the Oklahoma Statutes; 2. A health care proxy, or alternate health care proxy, designated by the patient, as defined in paragraph 6 of Section 3101.3 of Title 63 of the Oklahoma Statutes; 3. An attorney-in-fact authorized to act pursuant to the Uniform Durable Power of Attorney Act, Sections 1071 through 1077 of Title 58 of the Oklahoma Statutes, with authority to act regarding the patient's health and medical care decisions, subject to the limitations under paragraph 1 of subsection B of Section 1072.1 of Title 58 of the Oklahoma Statutes; 4. The patient's spouse; 5. Adult children of the patient; 6. Parents of the patient; 7. Adult siblings; 8. Other adult relatives of the patient in order of kinship; or 9. Close friends of the patient who have maintained regular contact with the patient sufficient to be familiar with the patient's personal values. Execution of an affidavit stating specific facts and circumstances documenting such contact constitutes prima facie evidence of close friendship.
Q. Power of attorney
A: Generally is is a very bad idea to create democracies in POAs. What if they disagree. Having three doesn't assure a tie-breaker. It is generally better to name them to serve successively.
Q. Is the home protected against estate recovery if its homestead home
A: Visit with an Elder Law attorney in your state. There may be several avenues available to protect the homestead. Frankly there are too many variables to discuss without more details. Is there a spouse? Is this on tribal land? Is there dependent or disabled children? Was a person living there a caregiver relative?
Q. In oklahoma, would conversion of estate funds by a co executor be a state crime or a county crime?
A: See A. Embezzlement is the fraudulent appropriation of property of any person or legal entity, legally obtained, to any use or purpose not intended or authorized by its owner, or the secretion of the property with the fraudulent intent to appropriate it to such use or purpose, under any of the following circumstances: ... B. Except as provided in subsection C of this section, embezzlement shall be punished as follows: 1. If the value of the property embezzled is less than One Thousand Dollars ($1,000.00), any person convicted shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000.00), by imprisonment in the county jail for a term not to exceed one (1) year or, at the discretion of the court, by imprisonment in the county jail for one or more nights or weekends pursuant to Section 991a-2 of Title 22 of the Oklahoma Statutes, or by both such fine and imprisonment; 2. If the value of the property embezzled is One Thousand Dollars ($1,000.00) or more but less than Two Thousand Five Hundred Dollars ($2,500.00), any person convicted shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed two (2) years or in the county jail for a term not to exceed one (1) year, shall be subject to a fine not exceeding Five Thousand Dollars ($5,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes; 3. If the value of the property embezzled is Two Thousand Five Hundred Dollars ($2,500.00) or more but less than Fifteen Thousand Dollars ($15,000.00), any person convicted shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed five (5) years, shall be subject to a fine not exceeding Five Thousand Dollars ($5,000.00), and ordered to pay restitution to the victim as provided in Section 991f of Title 22 of the Oklahoma Statutes; or 4. If the value of the property embezzled is Fifteen Thousand Dollars ($15,000.00) or more, any person convicted shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term not to exceed eight (8) years, subject to a fine not exceeding Ten Thousand Dollars ($10,000.00), and ordered to pay restitution to the victim ... ... D. Any executor, administrator, trustee, beneficiary or other person benefiting from, acting in a fiduciary capacity for, or otherwise administering a probate, intestate, or trust estate, whether the trust is inter vivos or testamentary, upon conviction of embezzlement from the estate shall not receive any portion, share, gift or otherwise benefit from the estate.
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Annotations
IN THE MATTER OF THE ESTATE OF BOYD
Oklahoma Court of Civil Appeals
Bebout v. Ewell
Oklahoma Supreme Court
Ajemian v. Yahoo!, Inc.
Massachusetts Supreme Judicial Court
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Contact & Map
Richard Winblad, Winblad Law PLLC,
102 E. Thatcher
Edmond, OK 73034
USA
Telephone: (405) 340-6554